Beckwith v. Cowles

• Decision Date: 19 July 1912
• Citation: 83 A. 1113,85 Conn. 567
• Court: Connecticut Supreme Court
• Parties: BECKWITH v. COWLES et al.

83 A. 1113

85 Conn. 567

BECKWITH v. COWLES et al.

Supreme Court of Errors of Connecticut.

July 19, 1912

Appeal from Superior Court, New London County; Gardiner Greene and Ralph Wheeler, Judges.

Action by Giles A. Beckwith against Rebecca Cowles and another. From a judgment for the plaintiff of overruling a demurrer to the complaint, defendant Rebecca Cowles appeals. No error.

The action was to obtain a conveyance of real estate and the release of a mortgage and damages. No error.

Hull, McGuire & Hull, of New London, for appellant.

C. L Avery, of New London, and Charles A. Gallup, for appellee.

RORABACK, J.

The following facts, among others, appeared in the complaint or were found by the superior court: Jason B. Beckwith died April 23, 1909, leaving a will, dated December 4, 1905. By this will, which was duly probated, he specifically devised to his son, the plaintiff in this action, a portion of his real estate, known as the Beckwith homestead, situated in the town of Waterford, in New London county. The Beckwith homestead, so devised, was of the value of $1,700. After the death of his wife in 1892, Mr Beckwith never engaged in any business, but lived with his children (the plaintiff, his daughters Mrs. Charles Lamphier and Mrs. Freeman Brown) until October, 1908. During this period he was cared for under an arrangement entered into between his children. On the 21st day of October, 1908, he went to live with the defendant Rebecca Cowles, under an arrangement with the plaintiff and his sister, Mrs. Brown whereby Mrs. Cowles agreed to board, lodge, and care for Jason during the winter of 1908 and 1909 for $5 per week. It was also provided that Mrs. Cowles' compensation should be increased if Mr. Beckwith's condition changed, so as to require greater care. From the 21st of October, 1908, until the 10th day of March, 1909, the sum of $5 per week was paid in advance, as agreed. On the 16th day of March, 1909, Jason Beckwith executed and delivered a warranty deed to the defendant Cowles of the homestead, which had been specifically devised to the plaintiff by his father in the will of 1905. This deed was immediately recorded. This deed was given upon the verbal promise that Mrs. Cowles should care for Mr. Beckwith during the remainder of his life. About six weeks after the death of Mr. Beckwith, Mrs. Cowles gave a mortgage for $600 upon the property in question to the defendant Nelson S. Rogers, which mortgage was thereafter recorded. The deed to Mrs. Cowles was given substantially under the following circumstances: Jason B. Beckwith at this time was about 87 years of age, in poor health, of unsound mind, and incapable of attending to business affairs. Mrs. Cowles, with full knowledge of his condition, by various means clearly constituting undue influence, induced him to make the deed and contract in question.

The finding also discloses that $450 is a reasonable allowance for all the services rendered and expenditures made by Mrs. Cowles under the arrangement which she made with Jason Beckwith when she obtained a conveyance of his real property.

The mortgage to the defendant Rogers was taken by him in good faith and for the consideration of $600 loaned by him to the defendant Cowles.

The plaintiff, prior to the institution of this action, never offered to pay the defendant for board and care of Jason B. Beckwith after the 16th day of March, 1909; nor did he offer to repay her for any money disbursed by her since that date; nor did he acquiesce in the defendant's obtaining the aforesaid deed, or in any expenditures made by the defendant on the security of such deed. Within one week after March 16, 1909, application for a conservator over Jason B. Beckwith was duly made by Giles A. Beckwith, for the purpose of setting aside the deed of Jason B. Beckwith to Rebecca Cowles, and a copy of this application was duly served upon Rebecca Cowles, which application was pending at the time of the death of Jason B. Beckwith.

The superior court, from facts set forth at length in the finding, reached the conclusion that an unconscionable advantage was taken of Mr. Beckwith in the conveyance of this property. Judgment was rendered for the plaintiff that the defendant Cowles convey to the plaintiff the equity in the real estate in controversy; that she pay the plaintiff $150; that the plaintiff pay the defendant Rogers the principal of the mortgage note and interest; and that upon such payment Rogers release to the plaintiff the mortgage given by Mrs. Cowles.

Numerous errors are assigned, only five of which are pursued in argument.

The complaint is attacked by demurrer upon several grounds; the main one being that the superior court erred in ruling that the action should not have been brought by the executor. It appears from the complaint that at the time of his death Jason Beckwith had other property, sufficient to fully settle his estate without resorting to the realty now in controversy. The defendant, by demurrer, admitted these alleged facts to be...