Elam v. Elam

• Decision Date: 07 October 1920
• Docket Number: No. 13290.,13290.
• Citation: 128 N.E. 324,294 Ill. 96
• Parties: ELAM et al. v. ELAM et al.
• Court: Illinois Supreme Court

294 Ill. 96

128 N.E. 324

ELAM et al.

v.ELAM et al.

No. 13290.

Supreme Court of Illinois.

June 16, 1920.

Rehearing Denied Oct. 7, 1920.

Bill by Thomas Elam and others against Susie Elam and others. From decree for defendants, plaintiffs appeal.

Affirmed.

Appeal from Circuit Court, Bond County; J. F. Gillham, Judge.

J. H. Allis and H. A. Meyer, both of Greenville, and F. M. Guinn, of Vandalia, for appellants.

John D. Biggs and Charles E. Davidson, both of Greenville, for appellees.

CARTWRIGHT, C. J.

The question in this case is whether a deed made by Martha F. Elam to her three children, the appellants, Thomas Elam, Moses W. Elam, and Melvina Vance, is invalid because of incapacity of the grantor to execute the same or because of fraud and undue influence practiced upon her. The appellants filed their bill in the circuit court of Bond county, alleging that their father, Moses Elam, was the owner of lots in the village of Smithboro and of an undivided one-half of 141.58 acres of land in Fayette county; that he left a last will and testament devising the same, and at the death of his wife, Martha F. Elam, the executors were to dispose of his real estate and divide the proceeds according to the will; that his son Richard Elam and Martha F. Elam were appointed executors, and, Richard having died before Martha, he did not carry into effect the clause providing for a sale of the real estate. The complainants claimed interests devised by the will of their father and the undivided one-half of the land in Fayette county by virtue of a deed from Martha F. Elam to them. The widow and children of a deceased son of Moses Elam answered, disputing the title claimed to the undivided one-half, alleging that the deed was made without consideration, that it was neverdelivered, and that Martha F. Elam did not have sufficient mental capacity to make a valid deed, and it was procured from her through fraud and undue influenceof the complainants. They also filed what counsel call a bill of interpleader or an intervener bill, making the same charges contained in the answer, and, further, that a bank deposit of Martha F. Elam was fraudulently taken and divided by the complainants, and praying that the deed should be set aside and the complainants should account for the bank deposit, the amount of which should be declared a lien upon their interests in the real estate. The issue was referred to a special master in chancery to take and report the evidence with his findings. He took and reported the evidence with his conclusions that Martha F. Elam was in a feeble condition, and her mind weakened, and the deed was procured by undue influence, and the bank deposit was illegally and unlawfully taken and divided among the complainants. He recommended a decree, setting aside the deed and requiring the complainants to account for the bank deposit. The chancellor confirmed the report of the master so far as the land was concerned, set aside the deed, and decreed partition accordingly, but declined to grant the relief prayed for as to the bank deposit, and the complainants appealed.

Moses Elam and Martha F. Elam, his wife, were owners, as tenants in common, of the land in question. He died in 1903, leaving a will devising his interest in the land. They had five children, Thomas Elam, Moses W. Elam, Melvina Vance, Jenkins Elam, who died in the lifetime of his father, and Richard Elam, who died January 17, 1909. Each of the deceased sons left a widow and children. Richard Elam was coexecutor with his mother of the will of Moses Elam and was her business agent, attending to her business affairs. When he died she was 83 years of age and in a very feeble mental and physical condition, and was greatly disturbed by his death. She was interested in and had great...