Couchman's Adm'r v. Couchman

• Decision Date: 11 October 1895
• Parties: COUCHMAN'S ADM'R v. COUCHMAN.
• Court: Kentucky Court of Appeals

32 S.W. 283

98 Ky. 109

COUCHMAN'S ADM'R v. COUCHMAN.

Court of Appeals of Kentucky.

October 11, 1895

Appeal from circuit court, Clark county.

"To be officially reported."

Action by Amanda Couchman's administrator against E. J. Couchman to avoid a gift made by plaintiff's intestate to defendant. From a judgment for defendant, plaintiff appeals. Affirmed.

B. F Buckner, Gibson, Taylor, and Geo. B. Nelson, for appellant.

Beckner & Jouett, for appellee.

PAYNTER J.

Benjamin W. Couchman was a citizen of Clark county. He died in August 1887, leaving, as his widow, the appellee, Elizabeth J Couchman. He had no children. The appellant's intestate Amanda Couchman, was his niece, and in her early infancy she was taken by him and his wife, and raised and educated by them. She continued to live with them until his death, and afterwards she lived with the widow until her death. Couchman possessed quite a valuable estate at his death. He made a will, devising a considerable portion to his widow. He bequeathed to Amanda Couchman, $3,000, to be paid her when she arrived at the age of 21 years, which occurred, according to the conclusion of the executors of his will, in January, 1888, but from the testimony of her mother, who said she was born in 1864, she became 21 in 1885. However, this is not an important matter, as it is conceded she was 21 years of age when she was paid the legacy. She received it on the _____ day of February, 1888. On the 17th day of April, 1888, she made a gift of it to the appellee, Elizabeth J. Couchman. This action was instituted to test the validity of that gift. That it was made is conceded in argument. Amanda Couchman lived until August, 1891.

It is contended by appellant that the gift was invalid, because it was procured by the undue influence which the appellee had over the intestate by reason of the confidential relations existing between them; that it was made without the advice of counsel; that no power was reserved to revoke it; that the transaction was not fair and proper, and was very unreasonable and improvident, as the $3,000 was her entire estate. This is substantially the contention of counsel for appellant. On the other hand, it is contended that the gift was made freely, and without any influence on the part of the donee whatever; that the donor fully understood the effect of the transaction; and that it was her purpose to vest the money absolutely in the appellee. So far as this record shows, no advice was sought or obtained by the intestate before she parted with her money. The tenderest and most affectionate relations existed between Amanda and her "mamma," as she always called Mrs. Couchman, though not related by blood. In her infancy no mother could have treated a child more lovingly than Mrs. Couchman did her. The kind offices of a mother were always bestowed upon her by her mamma. When she reached the age of 14, Amanda's health failed. The deep and tender affection of Mrs. Couchman for her is manifested by the most affectionate attentions and careful nursing. This continued until her restoration to fairly good health. From that time until her death she continued in a delicate condition, which frequently resulted in spells of serious illness and suffering. Yet she continued bright and cheerful, and participated in society as other young ladies in the neighborhood. She was maintained by her uncle, until his death, in a way that was suited to his comfortable circumstances, and likewise by Mrs. Couchman from that time until her death. Amanda was a young lady, at least, of fair attainments and intellect, with much more than the average will power, so much so that those whose acquaintance with them enabled them to know entertained the opinion that hers dominated that of Mrs. Couchman. There is no evidence in this record that Mrs. Couchman solicited the gift, nor that she ever expressed a desire that it should be made to her. There is not the slightest evidence that Amanda did not fully understand the effect of the transaction. The proof is complete, without the slightest countervailing evidence, that the gift was made. The money was drawn from a bank, and, in the presence of witnesses, delivered to Mrs. Couchman. In addition to that evidence, a number of witnesses, of whose credibility no doubt is entertained, testify that Amanda had told them that she had given the money to Mrs. Couchman; that the Couchmans had caused her mamma a great deal of trouble over her uncle Ben's will; that her mamma had been the cause of the money being willed to her; that she wanted her to have it, and she did not want any trouble over her will. It is also proven that she said her mamma would never allow her to want for anything; that she had made her will, by which she was to receive $6,000, the use of a farm for four years, worth $600 per year rent, and she was to have the house in Winchester, worth over $4,000. The record shows that Mrs. Couchman purchased this house, paying more than $4,000 for it, and in effect used the $3,000 which Amanda gave her in part payment of it. At the instance of Mrs. Couchman, the fee-simple title thereto was conveyed to Amanda, subject to her life estate, but, in the event she survived Amanda, the fee was to vest in her.

Much importance is given by counsel for appellant to the fact that confidential relations existed between the parties; and that Mrs. Couchman stood in loco parentis to Amanda; and that, as such relations existed at the time of the gift, the law scrutinizes the transaction with a jealous eye, and if an unjust and unreasonable disposition is made by one of the parties in favor of the other, in the absence of independent legal advice or consultation with distinterested friends, the law will...