Chandler v. Chandler

• Decision Date: 08 April 1920
• Docket Number: 7 Div. 60
• Citation: 204 Ala. 164,85 So. 558
• Parties: CHANDLER v. CHANDLER et al.
• Court: Alabama Supreme Court

85 So. 558

204 Ala. 164

CHANDLER v. CHANDLER et al.

7 Div. 60

Supreme Court of Alabama

April 8, 1920

Appeal from Probate Court, Cherokee County; J.L. Savage, Judge.

Petition by Mary J. Chandler for the probate of a will of John A Chandler. From a decree denying the probate of the will proponent appeals, making the heirs party thereto by virtue of their contest. Affirmed.

Hugh White and A.E. Goodhue, both of Gadsden, for appellant.

Hugh Reed, of Center, and O.R. Hood, of Gadsden, for appellees.

THOMAS J.

The appeal is taken from a decree denying the probate of an alleged will of John A. Chandler, deceased.

The issues were tried by a jury. On the verdict for contestants a decree was entered to the effect that the instrument propounded for probate was not the last will of John A Chandler, deceased, and was not entitled to be probated.

The recited grounds of contest on which the issues were made were the due execution of the instrument, whether its execution was procured by undue influence, whether John A. Chandler, at the time of the execution of said instrument, was of unsound mind and incapable of making a valid will, and whether said instrument was fabricated.

Several of the objections duly made and exceptions reserved to rulings on the introduction of evidence are assigned as error. To an understanding of the same, it should be stated that before the production of the instrument sought to be probated as the last will of said Chandler certain proceedings were had in the probate court, viz. letters of administration on the estate of said Chandler were issued to Mary J. Chandler, the wife, on her application, a petition filed by the administratrix to sell lands of the estate for payment of debts, and an order dismissing that petition. In the chancery court there was a decree of removal of said administration from the probate court, a decree removing Mary J. Chandler (proponent) as administratrix of said estate, and a consent decree. Among other things, the consent decree adjudged that Mrs. Chandler should have control of the property of the estate, was entitled to all the rents income, and profits therefrom during her natural life, without accounting except for designated injury to the remainder interest therein; and, further, that she was required to make certain specific annual payments to designated creditor. The sale of certain lands of the estate for the payment of debts was provided, and the contingency of nonpayment of the debts before the death of Mrs. Chandler was likewise provided for. The foregoing instruments were introduced in evidence by contestants over the due objections and exceptions of proponent, and respectively insisted upon as error.

The witness Mr. Reed, having testified in behalf of contestants, under the rule permitting the bias or interest of a witness to be shown (Johnson v. State, 74 So. 366, 367), on cross-examination was asked, "Has the litigation in which you have represented such heirs been terminated?" and "You are interested in the lands of this estate, are you not?" Proponent had the right to have witness disclose a fact showing bias or interest, if such there was; not to declare the extent or sufficiency of the consideration by which he acquired an interest in the lands formerly belonging to said decedent. Without objection, to the latter question, the witness replied, "Yes; I have a deed to a one-fourth interest in all the real estate of the estate of J.A. Chandler;" and then proceeded to state the further fact that his interest might be affected by the result of the verdict of the jury on the instant trial, "for should the will be proven and the title to the lands pass to the widow under this will, I might thereby be prejudiced, inasmuch as I hold a deed from the heirs at law of J.A. Chandler, and his widow is not his heir. I have my deed here in my hand."

In the proceedings in the probate court by proponent (the widow of decedent), her acts as administratrix of said estate to the time of her removal from representative capacity by the chancery court and thereafter to the time of the consent decree declaring the extent of her interest in the estate as the widow of said decedent to be that of a life estate subject to annual fixed payments to certain creditors of that estate, it must be admitted, are not related to the question of the bona fides of the consideration for the witness Reed's interest in the lands acquired by contract from the next of kin of John A. Chandler, deceased. If not otherwise relevant evidence, the admission of such proceedings in evidence was calculated to confuse the issues being tried and to prejudice the jury against the proponent of the will and only beneficiary thereunder.

Was this evidence competent on the issue of fraud or forgery vel non of the will in question? The issue of letters testamentary to Mary J. Chandler, the several subsequent proceedings in the probate and chancery courts, the decree of her removal for insufficient bond, and the consent decree making disposition of the properties of said estate, presupposed the nonexistence of a will of John A. Chandler, deceased. After her removal as administratrix and the consent decree limiting her title to the properties of her deceased husband, the will propounded for probate would have rendered nugatory said acts and decrees, defeated the title in remainder with which the next of kin had been invested as the result of the contests, litigations, or negotiations in their behalf fixed and declared in the decree in question. The fact that Mrs. Chandler propounded for probate the alleged will of her deceased husband at such stage of administration and negotiation, with her explanation as to where and by whom it was discovered in her residence, was competent evidence for contestants. It was of slight probative force, it is true, yet was susceptible of the inference by the jury of motive, prejudice, or bias on the part of proponent to effectively defeat the efforts of the next of kin of her deceased husband to establish and fix their interests as remaindermen in the properties of the estate. It is true that such evidence is consistent with good faith on the part of Mrs. Chandler; yet the jury had the right to judge the acts of the parties in the light of their passions, prejudices, bias, and interest. The fact that the attorney, in behalf of the heirs at law of John A. Chandler, deceased, had controverted with Mrs. Chandler as to a sale of the lands to pay debts, or in the requisition for additional bond and for her removal as administratrix, may have produced estranged relations between the parties and furnished a motive for the production of the will. Of this the jury were the judges. The will propounded for probate gave her without limitation the property of deceased, and defeated the claim of said heirs at law, rendering nugatory any interest their counsel may have acquired in the land by reason of his representation of them in contests with Mrs. Chandler. The consent decree had a contrary effect.

Aside from this is the fact that in the sworn petition for letters of administration proponent stated that John A. Chandler left no will or testament so far as she knew or believed. It appeared from Mrs. Chandler's testimony that her husband's valuable papers were kept in a trunk, and she had gone through them after his death, but found no will; that later she requested another to examine certain papers in the room (in her home) formerly occupied by the deceased's son, when and where the will was found. On the issue of fraud, such evidence was for the jury to draw the inference of good faith and honesty of purpose, or otherwise, as it, considered with all the other evidence, was warranted as a reasonable inference and to their reasonable satisfaction.

Contestants were permitted to ask witness Watters, "What was your judgment as to his mental condition on that day, November 15, 1911?" meaning the alleged testator on the date on which the will purported to have been executed, and the reply was: "I think his mind was not right." The witness had testified on direct examination that he had known Mr. Chandler all his life; "saw him in September, 1911, after the death of his son; *** he never seemed right after his son's death;" was at his home one day and he "seemed to be lost; his wife took him out of the house and walked him some and he seemed better." On returning, "asked me how I came to be there," though witness had seen him before he went to walk. That this was about two months after the death of his son. On cross-examination the witness had stated that--

He "did not observe anything especially peculiar about Mr. J.A. Chandler after his son's death except he seemed to be sad always, and the time I mentioned, about a month or more before his death, when he didn't know where he was and wanted to go home, and when he started anywhere he would go in the opposite direction to that in which he seemed to intend to go. In my judgment, his mind was not sound at that time which was a month or more before his death. About all I observed of him on November 15, 1911, when we were at Mrs. Net Chandler's, at the time the testimony was being taken, was that he simply walked around or sat around, looking sad, and did not seem to observe anything much that was going on. I couldn't state anything more as to Mr. Chandler's mental condition on that day, November 15, 1911, than as to any other time after his son's death."

Thereupon contestants propounded the foregoing question, and he was permitted by the court, in the exercise of a sound judicial discretion, to answer against proponent's due...