Crips v. Towsley

• Decision Date: 18 January 1889
• Citation: 73 Mich. 395,41 N.W. 332
• Court: Michigan Supreme Court
• Parties: CRIPS v. TOWSLEY ET AL.

41 N.W. 332

73 Mich. 395

CRIPS v. TOWSLEY ET AL.

Supreme Court of Michigan

January 18, 1889

Appeal from circuit court, Ingham county, in chancery.

Bill by Michael Crips against Agnes Towsley and others to set aside the transfer of a note and certificate of deposit. The bill was dismissed on final hearing, and complainant appeals.

CAMPBELL J.

The bill in this case was filed to rescind a transfer of certain securities claimed by defendants Agnes and William C. Towsley to have been made by complainant to said Agnes. Defendants Crossman & Williams are bankers in Williamston, with whom the funds were deposited, and are not otherwise involved in the cause. As this is a family difficulty, we shall not discuss the testimony at large. The only controversy is practically one of fact, and it is not worth while to perpetuate evidence of the difficulty in detail. On the 4th of August, 1887 complainant, then an old man of about 80 years, was and had been for a short time an inmate of the house of the Towsleys Mrs. Towsley being his daughter. He had other descendants living, and some were dead. At this time he had a certificate of deposit for a little over $500, issued by Crossman &amp Williams. He had one note of $200, and another of $50, and some amount of money, not involved here, and probably not much. These funds, it is indicated, were what remained of the proceeds of a farm which he had sold some time before, and which had been his home while his wife lived. He had advanced some money to other children, and this was all he had left. During the hot weather about the beginning of August, he had an attack of bowel complaint, or some such disorder, and was suffering somewhat from it. On the day in question his daughter, Mrs. Towsley, spoke to him of the uncertainty of life, and wanted him to settle his affairs. He had no debts, and no other property to dispose of. Mr. Yorke, an attorney at Williamston, was sent for and came. We shall not discuss the circumstances of the sending as it is not easy to tell just how much complainant had to do with it, an it is not, in our view, very important to do so. Complainant was very deaf, and could not, probably, follow any conversation not directly addressed to him, and this fact renders it difficult to tell how much that happened was understood by him. Mr. Yorke supposed he was wanted to draw a will. He understood the old gentleman as preferring some less formal method, and that he did not want trouble after he was gone, and wished to arrange matters so that his girls should have his remaining property, as he had already given his son, Philip, his share. He wanted his daughter, Mrs. Towsley, to have the certificate of $500, and another daughter the $200 note. Mr. Yorke told him he could make a will; but he said he did not want a will, but wanted they should have it now, and no expense made, if avoidable. Mr. Yorke told him he could assign the certificate to Mrs. Towsley, and turn over the note to her, and take her written agreement to pay, at his death, to her sister, $200; or he might take her word for it, and he said he could rely on her word. It turned out that the $200 note was not payable to complainant, but to a daughter-in-law, Mary Crips, and Mr. Yorke told him she would have to indorse it. The papers were thereupon handed over to Mrs. Towsley. Although not mentioned in the direct examination, Mr. Yorke, on cross-examination, said further that complainant expressed a purpose to remain with his daughter, and a confidence that she would take care of him. No agreement was made or stated on her part to have been made by Mrs. Towsley to that effect. This loose arrangement, of which Mr. Yorke's statement is no doubt reliable, is all that took place at that time. Defendant William C. Towsley, at a late hour in the night of the day on which this took place, went...