Bauchens v. Davis

• Decision Date: 23 October 1907
• Citation: 229 Ill. 557,82 N.E. 365
• Parties: BAUCHENS et al. v. DAVIS et al.
• Court: Illinois Supreme Court

229 Ill. 557

82 N.E. 365

BAUCHENS et al.

v.DAVIS et al.

Supreme Court of Illinois.

Oct. 23, 1907.

Appeal from City Court of East St. Louis; B. R. Burroughs, Judge.

Bill by Louis P. Bauchens and others against Lillie D. Davis and others to set aside an instrument probated as the last will of Adam Bauchens, deceased. From a judgment in favor of defendants, complainants appeal. Affirmed.Daniel McGlynn and E. W. Eggmann, for appellants.

Wise & McNulty and Keefe & Sullivan, for appellees.

On July 6, 1905, appellants, who are heirs at law of Adam Bauchens, deceased, filed their bill in the city court of East St. Louis against Mrs. Lillie D. Davis and Ralph Duncan, administrator, appellees, to set aside an instrument which had been admitted to probate in the county court of St. Clair county as the last will and testament of the deceased. Lillie D. Davis was one of the devisees under said will, and Duncan had been appointed administrator with the will annexed. The bill averred, among other things, that at the time of the execution of said will the said Adam Bauchens was not of sound mind and memory, and that he had been prompted to make the said will by the misrepresentations and undue influence of said Lillie D. Davis. Adam Bauchens died March 23, 1905, aged 69 years, leaving an estate of the value of about $10,000, as estimated by appellants. For a number of years prior to his decease he had been a resident of the city of East St. Louis. He was during his business life a close, economical, industrious, and strong-willed man. He was divorced from his wife in 1903, and at the time the will was executed, and for some time prior thereto, he did not have a very friendly feeling toward his children. From December, 1902, until about August, 1904, Bauchens boarded with the family of a man by the name of Newton, who lived in one of his houses on Collinsville avenue. He then went to board with the defendant Mrs. Davis and her husband, who occupied another house on the same street. About a month later he purchased a piece of property on Minnie avenue for $1,700, and moved with the Davis family into that house, and on December 10th following, having concluded that the house in which they were living was not suitable for him, as it was not built with proper regard to excluding the cold and was without a furnace, he purchased another residence property on Eighth street for $4,500, where the house was better built and heated by a furnace, and from that time until a few days before his death, when he was removed to St. Mary's Hospital, he occupied that property with the Davis family, which consisted of Mr. and Mrs. Davis, Mr. Murray, who was a brother of the wife, a young man by the name of Reynolds, who boarded there, and a woman employed to assist in housework.

The will was executed on December 19, 1904, and in and by the second clause of said will he devised to Lillie D. Davis the last-mentioned residence property, free and clear of all incumbrances, reciting that said devise ‘is made in recognition of services rendered and to be rendered to me by her and her family during declining years of my life, I having made my home with them, and who are taking care of me.’ After making certain other minor bequests, the residue of his property was bequeathed to the appellants, his children, and Pearl Adolph, a granddaughter, in equal parts, except that his daughter Annie was given but $5 and his son Adam was charged with a sum of money which, according to the recitals of the will, the father had loaned him. The will was executed without the knowledge of Mrs. Davis. The attorney who drew the will testified that Bauchens consulted him at least 10 times concerning it before it was finally prepared. About the time the instrument was executed Bauchens stated to a number of persons that it was his intention to make the Eighth street property his permanent home, and if Mrs. Davis would take care of him he was going to will it to her; that he had a room there to himself, and went in and out when he pleased; that he had the comforts of a home, a nice bed, and a comfortable room, and that his meals were cooked to his liking; that she would do more for him than any of his own family. At all times he expressed the highest regard for her. He often talked to persons of the manner in which his family treated him, complaining that they had forsaken him and taken sides with his wife; that when they came to see him they always wanted money, and on several occasions he stated that he did not want to leave anything more to them than he could help;...