Francis v. Preachers' Aid Society

• Decision Date: 16 June 1910
• Parties: EMILY FRANCIS ET AL. v. PREACHERS' AID SOCIETY, Appellant
• Court: Iowa Supreme Court

126 N.W. 1027

149 Iowa 158

EMILY FRANCIS ET AL. v. PREACHERS' AID SOCIETY, Appellant

Supreme Court of Iowa, Des Moines

June 16, 1910

Appeal from Polk District Court.--HON.W. H. MCHENRY, Judge.

Reversed and remanded.

S. F Prouty and Samson & Noble, for appellant.

McLaughlin & Shankland and A. A. McLaughlin, for appellees.

OPINION

THE opinion states the case.--Reversed and remanded.

SHERWIN J.

The plaintiff Emily Francis is the widow of Daniel Francis, who died in May, 1908, and all of the other plaintiffs are collateral heirs of said Daniel Francis. In June, 1905 Daniel Francis and Emily Francis, his wife, executed and delivered to the Preachers' Aid Society of the Des Moines Conference of the Methodist Episcopal Church a written instrument, of which the following is a copy:

This contract, by and between Daniel Francis and Emily Francis, his wife, of Polk County, Iowa and the Preachers' Aid Society of the Des Moines Conference of the Methodist Episcopal Church, witnesseth: That the said Daniel and Emily Francis, his wife, are desirous of rendering some aid out of their estate to the Preachers' Aid Society, and retain the proceeds of the property for their maintenance and support. That the Preachers' Aid Society is desirous of receiving contributions and additions to its permanent fund to carry out the purpose and objects of its organization, and that in addition to its mutual obligations between the parties hereto and the obligations that will be assumed and contracted both in favor of and by the Preachers' Aid Society, there is for this contract the additional consideration as herein named. The said Daniel Francis and Emily Francis are now the owners of considerable property, the title to which is vested in Daniel Francis, and from the income from his said property they are to derive their support, and that in the said additional consideration, that of the said property there is to be fully provided the income thereof for the support and maintenance of both the said Daniel Francis and Emily Francis, and that upon the death of the said Daniel Francis the said Preachers' Aid Society is to be charged with the duty, and hold all of the property as trustee, and obligates itself to so manage and control the said property and that the income arising therefrom shall be applied in the support of his wife, the said Emily Francis, so long as she shall live. And the said Preachers' Aid Society, in consideration of the convenants and conditions named in this contract and the disposition of the property thereunder, hereby assumes, agrees, and obligates itself to carry out the purposes of this contract. That the said Daniel Francis is to have and retain a life estate in the said property, and at his death the said Preachers' Aid Society to take charge of, hold, and use the said property and apply the income in support of the wife so long as she lives as herein provided, and no charges whatever are to be paid except actual expenses and costs. And it being upon the further expressed consideration and condition that the principal of said sum, whether of money received or real estate converted into money, shall be by the trustees of the said Preachers' Aid Society used in the establishment of a Home for needy, superannuated preachers, their wives and the widows of preachers, to be known as the 'Francis Home' and the proceeds and income arising therefrom shall be collected, used and applied in accordance with the rules and regulations of the said Preachers' Aid Society, in the establishment of said home as now existing or hereafter enacted and adopted. But no purchaser from said Preachers' Aid Society shall be under any duty or necessity to concern himself with respect to the application of the proceeds of the sale of any property which is the subject of this instrument: Now, therefore, in consideration of the premises and of the sum of one dollar, and of other valuable consideration, the receipt of which is hereby acknowledged, this contract and deed shall be held and construed as covering and including all the real estate and property held and owned by the said Daniel Francis and shall be held and construed as now conveying all of the said property; subject only to the life estate herein reserved. That it is not practicable now to include the legal description of the real property and therefore upon the death of the said Daniel Francis this contract and instrument shall be held and construed to be the completed conveyance, by full and legal title of all of the real estate wherever situated and of all the personal property which the said Daniel Francis now owns, and shall also convey all property, real and personal, of which the said Daniel Francis may die seized, to the Preachers' Aid Society, charged only with the trust imposed, and the lien thereon and the income arising therefrom, and the maintenance and support of the said Emily Francis during her lifetime as hereinbefore provided. And the said Emily Francis, his wife, hereby consents to all of the conditions and provisions hereof, accepts the provisions herein and joins in the covenants thereof and relinquishes for the purposes herein stated her right of dower in and to said premises.

This action was brought by the widow, heirs, and administrator of Daniel Francis to set aside and cancel said instruments for the reasons following: First, because both Daniel Francis and his wife were mentally incompetent to make such an instrument. Second. Because it was procured from them by the undue influence and fraud of certain representatives and officers of the defendant. Third. Because said instrument was never delivered to the defendant and was without consideration. Fourth. Because the instrument is insufficient to constitute a conveyance; that it is not a deed, describes no property, and is without binding effect. Fifth. The defendants are not authorized to receive property for the purposes therein specified. The trial court found that Daniel Francis was mentally incompetent to make the instrument, and that Emily Francis did not understand the nature thereof when she signed it. The trial court also found that the instrument was procured by undue influence. A judgment was therefore entered setting aside and canceling the same.

When the instrument was executed, Daniel Francis was past seventy-eight years of age, and his wife was about the same age. Four children had been born to them, but they had all died in infancy or in early childhood; the oldest one of...