Conlee v. Conlee
| Citation | 269 N.W. 259,222 Iowa 561 |
| Decision Date | 20 October 1936 |
| Docket Number | 43524. |
| Parties | CONLEE et al. v. CONLEE. |
| Court | United States State Supreme Court of Iowa |
Appeal from District Court, Lee County; John M. Rankin, Judge.
Action in equity by heirs and administrators of deceased to have their rights in property of deceased declared superior to the rights of the defendant. Decree for plaintiffs. Defendant appeals.
Reversed and remanded, with instructions.
Johnson, Martin & Johnson, of Fort Madison, for appellant.
Hollingsworth & Hollingsworth, of Keokuk, for appellees.
This is a suit in equity. The plaintiffs were George W. Conlee, Amos A. Conlee, Laura Naylor, Nora Huett, Mary Woodside, Nancy Elvira Bullard, and George W. Conlee and Amos A. Conlee as administrators of the estate of Reuben C. Conlee, deceased and the defendant was Robert E. Conlee.
The petition sets out that the plaintiffs were brothers and sisters of Reuben C. Conlee, who died about June 23, 1933 and that each was interested in the property comprising the estate of said Reuben C. Conlee; and that he was the owner of an undivided one-half interest in certain real estate described therein, being about 490 acres.
Practically all of the propositions set out by which the plaintiffs claimed title were denied. The testimony and admissions in the pleadings show about the following facts:
That the parties hereto are all children of William Conlee and Jane Conlee, both deceased. William C. Conlee died in 1896, his wife surviving him for some time thereafter. That at the time of the death of William C. Conlee he was seized of a certain tract of land, 160 acres, known as the " home place," which Reuben C. Conlee and Robert E. Conlee purchased of the surviving heirs and the widow of William C. Conlee, the father, soon after his death; the land being conveyed by quitclaim deed dated August 17, 1898.
It appears without controversy that Reuben and Robert Conlee subsequently purchased other pieces of land, until their holding at the time of the death of Reuben, which took place in 1933, was 490 acres of land, besides personal property incident to the business they carried on-farming, stock-raising, and kindred occupations. Neither Rebuen nor Robert ever married, but after the death of their father their mother resided with them, and she was kept by them.
The title to the land involved in the action, the home place and the land subsequently acquired, was in the name of Reuben and Robert Conlee. Prior to his death, Reuben Conlee executed a will, on March 12, 1918, reading as follows:
" In the name of God, Amen, I, Reuben C. Conlee being of sound mind and memory by knowing the uncertainty of life, do now make and publish this, my last will and testament that is to say:
I give all my property to my lawful heirs.
I hereby appoint Mrs. Jane Conlee as my executrix.
Dated at Davenport, Iowa, Mar. 12, 1918."
This will was duly probated, and George W. Conlee and Amos A. Conlee were appointed administrators of the estate of Reuben C. Conlee, and they joined as such with their brothers and sisters in this action.
It appeared further that the mother, Jane Conlee, resided with Reuben and Robert until her death, June 14, 1930, and that at the time of the purchase of the home place and of the deeding of the same by the widow and heirs, Robert and Reuben entered into an oral agreement that they would become partners and joint tenants of the home place and of all property they might own or acquire, and that in the event of the death of one the survivor would be the owner of all the property held by Robert and Reuben Conlee. That after the making of this oral agreement, Robert and Reuben Conlee engaged as partners and joint tenants, and operated all of their various businesses as such partners and joint tenants.
There was introduced into the evidence Defendant's Exhibit A, which reads as follows:
" We, Robert E. Conlee and Reuben C. Conlee, being partners and joint owners in all our real and personal properties; and, being mindful of our four sisters and three brothers, our legal heirs do hereby agree:
That, in the event of death of either partner that the surviving partner shall hereby become sole owner of said property.
[Signed] Robert E. Conlee
[Signed] Reuben C. Conlee
[In ink] Subscribed in my presence by Robert E. Conlee & Reuben C. Conlee which they acknowledge to be their own voluntary act and deed.
Witness my hand this 31st day of May, 1933.
[Signed] W. H. South, J. P.
In and for Lee Co., Iowa."
Charles W. Fruehling, who resided at Fort Madison, testified he was acquainted with Robert and Reuben, and had business dealings with them about 35 years before, concerning the loan of money on their home place for the purpose of lifting the mortgage on it, and he had a conversation with Reuben about the loan. That he had met both the boys together, and that he had a conversation with Reuben in which Robert took part. That Reuben first had a conversation with him about the loan, and that after he looked at the place he found the loan to be a safe loan. The witness said Reuben called his brother Robert over, as he was interested in his mother's affairs as well, and that Reuben told him that he and his brother Robert were to assume all liabilities in the first place, and he said, " Us two fellows are taking this over as joint tenants, and as joint tenants what was one's was the others and in case one died it referred it to the other party," and that Fruehling and his brother talked it over and found it to be a safe loan. The witness said on cross-examination that he remembered this deal all these years as a joint tenancy, and that when he used the term " joint tenancy" he meant that in case one brother died all the property would go to the other brother. He said Reuben made the assertion in his conversation that he and his brother were joint tenants.
George Fruehling, a brother of the first witness, testified to practically the same thing. The two Fruehling brothers were looking after this loan because the money belonged to their mother.
Another witness, Woods, testified to a conversation with Reuben in 1912 or 1913. He said he asked Reuben what he and his brother Robert were getting so much land for, and he replied that they owned the land as joint partners, joint tenants; that if one of them died the property would go to the other-that is Robert and Reuben.
Another witness, Mrs. Wright, testified that she had a conversation with Reuben in which he told her that he and Robert were joint tenants. Her husband, Raymond Wright, testified that Reuben told him that whichever one died first he intended the other to have it to live on the rest of his days.
A witness Bullard testified that he talked with Reuben in 1932, and he said to Reuben, " When you are dead and gone they will fuss over it," and he replied: " I don't think so, I always really helped the whole family out and my estate goes to Robert, we have lived together, farmed together, and I think they will be quiet when they know that my property goes to Robert at my death."
Mrs. Kate Ballam testified that she lived in Lee county 54 years, and knew Reuben C. Conlee in his lifetime, and that she had a conversation about his brother Robert. He said he and Robert were joint owners of all his property. She said she kept company with Reuben at one time; that they were engaged to be married, and she spoke to him about these business affairs and said she did not like the arrangements very well and quarreled over it, and broke the engagement.
Another witness, Bunker, testified that he was employed by Reuben and Robert on the farm, and that Reuben told him he did not have to hunt either one; that either one would pay him, and they both paid him off at different times. He said he bought a team of horses of the boys on time, and Reuben said, " In case of death, just pay the other one." That was in September, 1930. He said he worked for the boys better than twenty years ago.
Dr. Casey testified that he had doctored the family for about 40 years; that Reuben told him how the property was held and that he and Robert were joint owners of the property.
The defendant, Robert E. Conlee, testified that never, from the time they started until the death of Reuben, was there any division between them, and that the paper Exhibit A contained his signature.
A. M. Lowrey testified that the signatures on Exhibit A were those of Reuben C. and Robert E. Conlee, and that he had verified them with their signature card he brought with him. This was the president of the Fort Madison Savings Bank. Exhibit A, referred to, was a copy of the agreement or declaration made by Robert E. and Reuben C. Conlee, heretofore set out in the record.
Mattie B. Clements testified that Reuben had business dealings with her on October 8, 1932, when she loaned him $50, and that he signed the note R. E. and R. C. (Conlee), and that when he signed it he said: " I will put my brother's name down on it because we are joint owners and if anything should happen to me, why, your note will be paid."
George Standley testified that he asked Reuben: " What kind of partnership have you fellows got, anyhow?" And he replied: " We are joint partners-whatever is mine is his-if I want to spend a hundred dollars, I don't ask him, and if he wants to spend a hundred dollars, he don't ask me."
A number of witnesses were introduced by the plaintiffs as to these various matters; none of them dispute any of the matters and things testified to by the other witnesses who talked with Reuben C. Conlee. They testified to conversations with Robert Conlee, and said he claimed to be the owner of all the property because of an instrument entered into by the two brothers. He did not make any other...
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