Bradley v. Palmer

• Decision Date: 24 October 1901
• Citation: 193 Ill. 15,61 N.E. 856
• Parties: BRADLEY et al. v. PALMER et al. OGDEN v. SAME.
• Court: Illinois Supreme Court

193 Ill. 15

61 N.E. 856

BRADLEY et al.

v.PALMER et al.

OGDEN

v.SAME.¹

Supreme Court of Illinois.

Oct. 24, 1901.

Appeal from circuit court, Cook county; R. S. Tuthill, Judge.

Bill by Frank T. W. Palmer and others against Fordyce G. Bradley, as executor of the will of Anna M. Benedict, deceased, and others, to set aside the will of said Anna M. Benedict. From a judgment in favor of contestants, proponents Fordyce G. Bradley and Oricia E. Ogden appeal. Reversed.Herrick, Allen, Boyesen & Martin and Wilson, Moore & McIlvaine, for appellants.

Francis W. Walker and Albert G. Welch, for appellee Frank T. W. Palmer.

The appellee Frank T. W. Palmer filed his bill in the court below to set aside the last will, and probate thereof, of his mother, Anna M. Benedict, deceased. Said will is as follows:

‘In the name of God, amen: I, Anna M. Benedict, of the city of Chicago, in the county of Cook and state of Illinois, of the age of sixty-one years, and being of sound mind and memory, do hereby make, publish, and declare this my last will and testament, in manner following; that is to say: First. It is my will that my funeral expenses and all my just debts be fully paid. Second. I give and bequeath to Fordyce G. Bradley the sum of $25,000, and in addition thereto an annuity of $1,000 during his natural life; and upon his decease the said annuity to be paid to his wife, Carrie E. Bradley, during her life, if she shall survive him. Third. I give and bequeath to my sister Mrs. Oricia E. Ogden all my wearing apparel of which I may die possessed, except as herein otherwise disposed of. Fourth. I give and bequeath to the said Carrie E. Bradley my two white-centered India shawls (one large and one small), and also my black cameo set of jewelry (pin and earrings, now set up as sleeve buttons). Fifth. I give and bequeath to Etta Hall Benedict, the daughter of Mrs. Hall, the locket worn by Russel Benedict on his watch chain during his lifetime. Sixth. I give and bequeath to Watts Gardner the medallion of his deceased wife, cut by Cooper, of Florence, and also the fitted traveling bag carried by the said Russel Benedict in his lifetime. Seventh. I give and bequeath to Mrs. May Austin, daughter of my deceased brother Miner M. Watkins, my gold watch and chain. Eighth. I give and bequeath to Lucia C. Bradley, daughter of the said Fordyce G. Bradley, my little black set of diamonds. Ninth. I give and bequeath to the said Lucia C. Bradley all my household furniture, useful and ornamental, including all my pictures (with the exception of the two portraits hereinafter mentioned), bronzes, clocks, silverware and chinaware; and I also give her the care of the portraits of Azariah R. Palmer, deceased, and of myself, both painted by Mr. Healy, and the gold watch of the said Azariah R. Palmer, to keep the same until my said son reaches the age of sixty years, and then to deliver the said portraits and watch to him if he is competent to take care of them; otherwise, or if my said son dies before reaching that age, I give and bequeath the said portraits and watch to the said Lucia C. Bradley, absolutely. Tenth. Subject to the above and foregoing provisions and bequests, all the rest, residue and remainder of my estate, real, personal, and mixed, and wherever situated, I give, devise, and bequeath to the said Fordyce G. Bradley, his successors and assigns, in trust: First, to sell and dispose of all my real estate and all my diamonds, and convert the same into money, in such way and manner and upon such terms as he may think best; and, second, of my moneyed estate to keep invested the sum of $200,000 in United States government interest-bearing bonds, when obtainable, and the remainder to loan out and keep loaned out on good real estate security, at current rates of interest, and from the net interest and income arising therefrom to pay to my said son, Frank T. W. Palmer, the sum of $5,000 annually, in quarterly payments, during his life; and to pay to the widow of my deceased brother, Miner M. Watkins, the sum of $300 annually during her life; and to pay to Mary Jane Knox, wife of Washington Knox, the sum of $300 annually during her life; and to pay to my sister the said Mrs. Oricia E. Ogden the sum of $200 annually during her life; and also to pay annually to the Graceland Cemetery Company such sum as shall be charged by it for the care of my lot in said Graceland Cemetery during this trust, and at its close to make suitable provision for the care of said lot for all time to come; and the balance of such income to pay to the said Frank T. W. Palmer, annually, during his life. I especially direct that it shall be in the absolute discretion of my said trustee, his successors and assigns, to stop the payment of all sums of money coming to the said Frank T. W. Palmer as aforesaid, it being my wish that the part of the income of the said trust intended for my said son shall be used for his individual and separate support, and in no case shall any of such income be applied to the support or maintenance of my said son's wife; and the same shall never be amenable to any order or judgment of a court which his said wife might obtain for alimony, support, or for any other cause. My said trustee, his successors and assigns, shall also stop all payments to my said son in case his conduct becomes bad. And in case my son shall at the time of my death have alienated, charged, or disposed of, or shall at any time thereafter alienate, charge, or dispose of, the income to which he, but for this proviso, would be entitled, or any part thereof, then he shall from thenceforthnotreceive any further income from this trust. Any unpaid income shall be accumulated and added to the capital, to be distributed as a part thereof, in the manner hereinafter provided. Upon the death of my said son, and when all the other trusts shall have been executed and performed as herein expressed, it is my will, and I direct, that all that remains of my said estate shall be paid, distributed, and divided between my then living lawful heirs, computed according to the laws of descent of the state of Illinois, and Lucia C. Bradley aforesaid, in equal shares, among them, share and share alike. Upon the death of said Fordyce G. Bradley, or in case of his inability to act, or should he not survive me, the court shall appoint two trustees in his stead; and thereafter there shall always be two acting trustees, who shall be compelled to give proper security. Lastly. I hereby nominate and appoint my brother-in-law, the said Fordyce G. Bradley, of Chicago, Cook county, Illinois (hereby waiving all security on his qualifying bond as such), to be the executor of this, my last will and testament; hereby revoking all former wills by me made. In witness whereof, I have hereunto set my hand and seal the twenty-ninth day of March in the year of our Lord one thousand eight hundred and ninety-five. Anna M. Benedict. [L. S.]

‘The above instrument, consisting of three sheets, was now here subscribed by Anna M. Benedict, the testatrix, in the presence of each of us, and was at the same time declared by her to be her last will and testament; and we, at her request, sign our names thereto, in her presence, as attesting witnesses. William P. Hill, 62 Boulevard Haussman, Paris. Dr. Eugene Dupuy, 53 Avenue Montaigne, Paris. Henry Cachard, 101 Avenue des Champs Élysées, Paris.’

The value of Mrs. Benedict's estate was about $500,000. It consisted of real and personal property, all in Cook county, this state.

The bill alleged that at the time the will was made the testatrix was not of sound mind and memory, and, in addition, that at the time of and for several years prior to the making of the will she was in ill health and suffered great bodily pain, and that she traveled from place to place in Europe in search of relief, and was continually, until she died, under the medical treatment of Dr. Eugene Dupuy, a physician, who resided in Paris, France; that when she executed the will she was of about the age of 61 years, and was greatly enfeebled by age and disease, and was subject, mentally, the the control and influence of those persons who surrounded her; that prior to and at the time of the execution of the will said Fordyce G. Bradley and Eugene Dupuy, and each of them, by false and malicious statements concerning the habits and conduct of the complainant and his wife, Mary A. Palmer, imposed upon and deceived Mrs. Benedict, the testatrix, and so influenced and poisoned her mind against the complainant and his wife as to create upon her part an unreasonable, unnatural, and unjust prejudice against them; and that by reason of such prejudice and the unsound mind and memory of the testatrix said pretended will was executed. It was further alleged that, while Mrs. Benedict remained unsound in mind and memory and subject to the influences aforesaid, said Dupuy, through his agents and servants, prevented the testatrix from seeing persons other than his own immediate family, her nurses, and such other persons as were in sympathy with him and said Bradley, and hindered and prevented all communication between the complainant, who then resided in America, and his mother, the testatrix, and that said Dupuy and Bradley deceived the complainant concerning her condition of health, and concealed from him her critical condition, of which he remained in ignorance till her death. Answers were filed denying the allegations of falsehood and misrepresentations and all acts of alleged undue influence on the part of said Dupuy and Bradley, and denying that the testatrix was of unsound mind and memory. Upon replication being filed, an issue at law was made up and submitted for trial to a jury,-whether or not the said instrument set forth in the bill, dated March 25, 1895, and admitted to probate in the probate court of Cook county as the last will and testament of Anna M. Benedict, deceased, is her last will and testament....