Dibrell v. Morris' Heirs

• Decision Date: 13 January 1891
• Parties: DIBRELL v. MORRIS' HEIRS et al. STRATTON et al. v. DIBRELL et al.
• Court: Tennessee Supreme Court

15 S.W. 87

89 Tenn. 497

DIBRELL v. MORRIS' HEIRS et al.

STRATTON et al. v. DIBRELL et al.

Supreme Court of Tennessee.

January 13, 1891

Appeal from chancery court, Davidson county; JOHN A. FITE Chancellor.

Vertrees & Vertrees, for administrator. Vertrees & Vertrees, N. D Malone, Demoss & Malone, John L. Kennedy, Steger & Washington, and Brien & Taylor, for Stratton heirs. East & Fogg, Marks & Marks, Hill & Granbery, and John Lellyett, Sr. for Morris heirs.

BAXTER Special Judge.

K. J. Morris, when about 16 or 17 years old, began mercantile life as a clerk in a store in Nashville. He was very poor, but, being industrious and economical, he saved money from his salary. In 1842, he married Jane M. Stratton. In 1845, he became a member of the partnership of Lanier, Morris & Co., and he contributed $4,000 as his share of the capital of that firm. About one month before the formation of said partnership, he and his wife sold a negro woman and three children for $1,175. The negro woman had been bequeathed to Mrs. Morris by her aunt, but there is nothing to show that Morris used the proceeds of the sale in contributing his share to the capital of said firm, except the fact that his financial condition at the time renders it probable that he was compelled to do so. His connection with that firm was the foundation of his success, which, while slow, was steady and sure. His estate at his death was valued at over $200,000. The early years of his married life were as happy as they were prosperous. His wife was a home-staying, husband-loving woman. She was quiet and retiring in her disposition, industrious and economical in her habits. She made most of her own clothing, and much of her husband's underwear. She was an excellent housekeeper, and a fine manager. How much her wise and economical management of their household affairs may have contributed to her husband's financial success in life, we have no means of knowing. She had but one child, a son, and he was her idol. In 1861, when he was about 17 years old, he was accidentally killed, and she was never the same woman afterwards. She withdrew from society, became gloomy and melancholy in her disposition, and would frequently fall into spells of uncontrollable weeping. In 1882, she was fearfully afficted with carbuncles. The disease finally merged into catalepsy, and her mind became visibly and seriously impaired. On April 19, 1884, her husband died intestate, and without issue, leaving his wife surviving him. His real estate was valued at $100,000, and his personal estate at $120,000. According to the statutes of descent and distribution then in force his real estate went to his heirs at law, and his personal estate went to his widow, and, if those statutes had remained in force and she had died intestate, unmarried, and without issue, the personal estate inherited by her from her husband would have gone to her next of kin. On April 24, 1884, just five days after her husband's death, her brother Madison Stratton, who is one of the complainants, filed a petition against Mrs. Morris, in the county court of Davidson county, in which petition he averred that she was then "a lunatic, or a person of unsound mind," and had been for nearly or quite two years, and that, by reason of her mental infirmities, as aforesaid, she was "entirely incapable of managing, or in any way controlling, her said property and estate, or of taking care of her own person." Mr. Kennedy, one of the solicitors who signed the petition, is the husband of one of the nieces of Mrs. Morris. A guardian ad litem was appointed for Mrs. Morris, testimony was taken, and the jury of inquest found that she was a person of unsound mind, so that she had not capacity sufficient for the government of herself and her property; that the said unsoundness of mind and mental incapacity had "existed for about eighteen months, and that it resulted principally, if not wholly, from physical affictions, and from physical causes." The verdict of the jury was made the judgment of the court on the 1st day of May, 1884, and a guardian of her person and property was appointed, who is the husband of one of her nieces. She remained under said guardianship until her death. At the first session of the legislature which met after she had been declared a lunatic, Mr. Robert L. Morris, a nephew of her husband, prepared a bill, which was passed by the legislature April 1, 1885, as chapter 88 of the Acts of 1885, the effect of which, if constitutional, will be to give the personal estate which Mrs. Morris in herited from her husband to her husband's next of kin, instead of to her own, provided it shall be found that she was "a lunatic, or non compos mentis." Mr. Morris says that he spoke to five members of the legislature regarding the passage of the law, explaining to them its scope and bearing, and its effect upon the estate of K. J. Morris. He spoke to them of the hardship of the existing statute of descent and distribution, as illustrated by this estate, and that there was a chance to modify one of its defects, namely, that which gave all of an intestate husband's personal property to his widow, in the absence of children. Mr. Morris also talked with Gov. Bate about the law, explaining to him, among other things, what effect it would have upon the estate of Mrs. Morris. The governor said that he was equally friendly with the Stratton and Morris families, but would approve the law on its merits, as he regarded it a good law. Mr. Morris says that he did not speak to any member of the Morris family about the introduction of the law, nor communicate with them in any way concerning it; but, after its passage had been recommended by the judiciary committee, he mentioned it to several persons who were members of, or connected with, that family. Mr. Morris charged no fee for anything done in connection with the passage of the act, and he never received any compensation for his services. There is nothing whatever in the record to even intimate that he resorted to any sinister methods to influence the action of the members of the

legislature. On the other hand, there is nothing to show that any member of the Stratton family had any notice that such a bill had been introduced into the legislature until after the legislature had adjourned. Mr. Kennedy states that Mr. Morris never told him of the law until Mr. Kennedy found it in the published Acts of 1885, and called his attention to it.

Mrs. Morris continued under guardianship until December 19, 1888, when she died, intestate, unmarried, and without issue. On December 20, 1888, Mr. Dibrell was appointed her administrator, and, on January 10, 1889, he filed a bill in the nature of a bill of interpleader, against the next of kin of K. J. Morris, and the next of kin of his widow, to settle the question as to which of them are entitled to the personal estate which the widow inherited from her husband. The next of kin of the widow (who, for brevity, will be hereafter styled the "Stratton claimants") insist that they are entitled to said personal estate, under the general statute of distribution of the state contained in section 2429 of the Code of 1858. The next of kin of K. J. Morris (who, for brevity, will be hereafter styled the "Morris claimants") insist that they are entitled to said estate, under said act of April 1, 1885, which is as follows: "An act to amend section 3278 of the Code of Tennessee, by Milliken and Vertrees, (section 2429 of the Code.) Section 1. Be it enacted by the general assembly of the state of Tennessee that section 3278 of the Code of Tennessee, by Milliken & Vertrees, be amended as follows: If the personal estate, as to which any person dies intestate, and who was a lunatic, or non compos mentis, was derived, in whole or in part, from an intestate husband or wife, then, in that event, so much of the personal estate as was so derived, and remains unexpended, or in the possession of any guardian or custodian of the estate of said lunatic or non compos mentis, shall go to the next of kin of the person from whom it was so derived, said next of kin to take in the order named in said section in the case of the personal estate of intestates. Sec. 2. Be it further enacted that this act take effect from and after its passage, the public welfare requiring it. Passed April 1, 1885. Approved April 6, 1885."

The Stratton claimants insist that said act has no application to the estate of Mrs. Morris, because, as they say, she was not a "lunatic, or non compos mentis," within the meaning of those terms, as used in said act; and they further insist that said act is in violation of several provisions of the constitution of the state of Tennessee. We think that the legislature used the words "lunatic or non compos mentis," in the act, to denote a person who has not sufficient mental capacity to make a will and therefore the first question is whether Mrs. Morris, at the time of her death, was possessed of "a sound and disposing mind and memory." Since the passage of the act of 1885, a bitter controversy has arisen between the Morris family and the Stratton family, and most of the witnesses belong to, or are allied with, one or the other of those families. The testimony of all such witnesses, taken since the passage of said act, is subject to criticism, as being affected, more or less, by interest or prejudice. But the testimony taken upon the inquisition of lunacy in 1884, before said act of the legislature was passed, is subject to no such criticism. The inquisition was instituted and prosecuted by the Stratton family, and, though certain members of the Morris family were examined as witnesses before the jury, they were doubtless introduced by the petitioner, Madison Stratton, who was a brother of Mrs....