Geer v. Goudy

• Decision Date: 24 October 1898
• Citation: 51 N.E. 623,174 Ill. 514
• Parties: GEER et al. v. GOUDY.
• Court: Illinois Supreme Court

174 Ill. 514

51 N.E. 623

GEER et al.

v.GOUDY.

Supreme Court of Illinois.

Oct. 24, 1898.

Appeal from circuit court, Cook county; M. F. Tuley, Judge.

Bill by Carolyn W. Goudy against Clara G. Geer and another. From a decree in favor of complainant, defendants appeal. Reversed.Smith, Blair & Smith, for appellant Clara G. Geer.

Custer, Goddard & Griffin, for appellant Ira J. Geer.

Green, Robbins & Honoré, for appellee.

This is a bill filed in the court below by Carolyn W. Goudy, sole devisee under the will of her deceased husband, William J. Goudy, who is alleged by her to have acquired the title to the premises hereinafter referred to by gift from his father, William C. Goudy, against Clara G. Geer and Ira J. Geer, her husband, for the purpose of compelling the execution by Clara G. Geer of a quit-claim deed conveying to Carolyn W. Goudy an undivided one-half interest in certain premises situated on the northwest corner of Astor and Goethe streets, in Chicago; the said Clars G. Geer holding the title to such undivided one-half interest as one of the devisees of William C. Goudy, deceased, who at his death left by his will the residue of his estate to said Clara G. Geer, considered and treated as his daughter, and to his son, William J. Goudy, in equal shares. Ira. J. Geer, the husband of Clara G. Geer, having upon his petition been made a party defendant as executor of the will, answered the original bill, denying the material allegations thereof, and also filed a cross bill, which was answered by the said Carolyn W. Goudy. Clara G. Geer filed a separate answer to the original bill, denying that there was any gift of the premises by William C. Goudy to William J. Goudy, or any promise made by William C. Goudy to convey the premises to the said William J. Goudy. The answers in the case set up and rely upon the statute of frauds. Replications were filed to the answers. An amendment was filed to the original bill, and the answers of Clara G. Geer and of Ira J. Geer, individually and as executor, were ordered to stand as answers to the bill as amended. The cause came on for hearing before the chancellor upon evidence taken before a master, and upon proofs presented in open court; and the court made a decree directing that the appellants, Clara G. Geer and Ira J. Geer, execute and acknowledge a quitclaim deed conveying the premises in question to the appellee, Carolyn W. Goudy, subject to the incumbrance hereinafter mentioned, for $15,000. In its decree the court dismissed the cross bill of Ira J. Geer, as executor, for want of equity. The present appeal is prosecuted from the decree so entered by the circuit court.

The facts as shown by the pleadings and evidence are substantially as follows:

William C. Goudy, who in his lifetime was a practicing lawyer in the city of Chicago, died testate on April 27, 1893, leaving, him surviving, his widow, Helen Judd Goudy, and William J. Goudy, his son and only child. He and his wife, some years before the birth of their son, took into their family, to live with them, Clara G. Carr, or Clara G. Phillips, a grandniece of Mrs. Goudy, who was always treated by them as a daughter, although not formally adopted, and was always called Clara G. Goudy. She was so taken into the family when she was quite a child, and never knew that she was not the daughter of William C. Goudy and his wife until after she was grown. In June, 1887, Clara G. Goudy married Ira J. Geer, one of the appellants herein. In December, 1887, William J. Goudy, being about 24 years of age, married Carolyn Walker, the present appellee, and now named Carolyn Goudy. On June 10, 1889, William C. Goudy purchased from John W. Root the premises in question for $13,520, of which $6,415.73 was paid in cash, and the balance, amounting with interest to $7,231.90, was paid in December of the same year in discharge of a mortgage which he had assumed. A warranty deed, dated June 10, 1889, was executed by John W. Root and wife to William C. Goudy. In the summer of 1890 the erection of a dwelling house and stable upon the said premises was commenced under the superintendence and direction of the son, William J. Goudy. The dwelling house and stable were finished about the month of May, 1891, at a cost of $53,684.07. The bill of the appellee, as originally filed, and as amended, alleges that the premises in question were purchased by William C. Goudy, a man of ample means, for the purpose of providing his only child with a home for himself and family, and that immediately after the purchase thereof he gave the same to the said William J. Goudy, and put him in possession thereof as owner, promising thereafter to make a deed thereof to William J. Goudy to evidence such ownership; that William J. Goudy went into possession thereof as owner, and proceeded to erect a dwelling house and stable thereon; that he gave his own personal time and attention to erecting the same; that all contracts for the erection of the building were made by William J. Goudy in his own name, and all payments therefor were made by him with his own money; and that all of such facts were well known to William C. Goudy. When the house and stable were finished, in May, 1891, William J. Goudy, with his wife and child, moved into the same, and occupied the same until his death on May 26, 1894. While the house and stable were being erected on the lot at the corner of Astor and Goethe streets purchased from Root, and called in the record the ‘Root Lot,’ William C. Goudy was building another house on Goethe street, on the opposite side of the street, and to the east of the Root lot, as a home for himself and his wife, where the appellants, Clara G. Geer and Ira J. Geer, her husband, lived with him and his wife until his death.

William C. Goudy, in his will, dated July 22, 1891, after leaving certain legacies to his niece and his sister and a brother, made the following provisions: ‘I devise and bequeath to my wife, Helen Judd Goudy, the homestead No. 240 Goethe street, Chicago, * * * the dwelling house and stable thereon, together with all the furniture, pictures, and ornaments, carriages, horses, harness, etc., in and on said premises, to use for and during her lifetime. If she desires to lease the homestead, she may do so, and have the net rent as her own. If she chooses to sell any of the furniture, carriages, horses, or stable furniture, she may sell, and purchase others with the proceeds, or keep the money received therefor as her own. In addition to the foregoing provision, I direct my executors to pay to my said wife $500.00 in each and every month, making in the aggregate $6,000.00 per year. This amount is to be paid from my estate, whether the income amounts to enough or not. If the income is insufficient, then principal is to be used; and, if money is not on hand, then it is to be raised by the sale or mortgage of property. Subject to the foregoing provisions, I devise and bequeath all of the rest and residue of my estate, real and personal, money, stocks, evidences of indebtedness, and securities, to my son, William Judd Goudy, and my daughter, Clara Goudy Geer, each to be entitled to one-half, as nearly as it is practicable to divide the same. In case of the death of my son in my lifetime, and I make no further provision by will, then his share is to go to his child or children; and, in a like contingency as to my daughter, then her share is to go to her child or children. But in such an event it is my wish that $25,000.00 in money or property be deducted from the share going to my son, his child or children, and given to his wife, Carolyn; and from the share going to my daughter's child or children a like deduction be made, and given to her husband, Ira J. Geer.’ The will makes the son, William J. Goudy, and the son-in-law, Ira J. Geer, executors, and confers upon the said executors certain powers, in the following words: ‘I give to them, or the survivor, in case of the death, resignation, or inability of the other to act, full power to manage the estate, to collect debts, to sell and convey real or personal property, to bring suits, to compromise disputed matters, to invest and reinvest money, and in general to exercise a discretion in the management of the estate, subject to the provisions of this will in favor of my wife.’ In June, 1887, William C. Goudy conveyed to the appellant Clara G. Geer, under the name of Clara G. Goudy, certain premises in Argyle, a suburb of Chicago, for an expressed consideration of $9,000. This conveyance was made to her just before her marriage to Ira J. Geer. In the same month William C. Goudy conveyed to his son, William J. Goudy, certain other premises in Argyle for an expressed consideration of $9,000, which was done a few months before the marriage of said William J. Goudy to the appellee. Before his marriage in December, 1887 William J. Goudy had become the junior member of the law firm of Goudy, Green & Goudy, of which his father, William C. Goudy, was the senior member, and continued to be a member of that firm until about 1892. His income from the firm was not more than $3,000 per annum, and from the rents of certain properties he received about $1,100 per annum in addition. When William J. Goudy died on May 26, 1894, he left, him surviving, the appellee, Carolyn W. Goudy, as his widow, and Helen Goudy as his daughter and only child. He left a will giving, devising, and bequeathing all his property, real and personal, to his wife, the appellee herein. After the death of William J. Goudy, the appellee continued to occupy the premises at the corner of Astor and Goethe streets, here in controversy, for about a year, and then rented the same, together with the furniture in the house, for about $4,000 per annum. It was rented at the last-named figure when the present bill was filed. All the improved property left by William C. Goudy, except two houses, was heavily incumbered. The rest of his estate...