Good v. Zook

• Decision Date: 19 December 1901
• Parties: GOOD ET AL. v. ZOOK ET AL.
• Court: Iowa Supreme Court

116 Iowa 582

88 N.W. 376

GOOD ET AL.

v.ZOOK ET AL.

Supreme Court of Iowa.

Dec. 19, 1901.

Appeal from district court, Polk county; S. F. Prouty, Judge.

Action in equity by the executor of the estate of Charles Good, deceased, with whom are joined three of the four heirs at law of said deceased, to set aside a deed of certain real estate made by Good to the persons named as defendants in their capacity as trustees of Brethren in Christ Church. There was a full trial of the issues presented, and, upon the evidence adduced, the district court entered a decree dismissing the petition at plaintiffs' costs, and they appeal. Reversed.B. A. Younker and John I. Dille, for appellants.

S. F. Balliet and E. H. Addison, for appellees.

WATERMAN, J.

Some conceded facts may well be stated in the outset, for they form the framework of this case. Charles Good died in the month of March, 1898, in the ninetieth year of his age. He came to the city of Des Moines in the year 1850, and, by frugality and industry, accumulated a large estate. He had been a widower for many years, but left four children, the plaintiffs, and Samuel M., who is not a party to this action. In December, 1891, deceased suffered a paralytic stroke. In 1893 he had another slight attack, and this was followed, in 1894, with still another stroke. Increasing years, together with these attacks, affected deceased, both bodily and mentally. From about the year 1896 he was so feeble, physically, as to require the constant services of a personal attendant, and he was obliged to have assistance in attending to his business affairs. We shall speak more in detail of the mental condition later on. In August, 1894, after the third stroke of paralysis, deceased made a division of a large part of his property among his children. In this transaction he gave to each of three of his children property of the approximate value of $90,000, and to the fourth, Mrs. Nysewander, property worth about $75,000. The intention of the donor seems to have been to make the shares equal, considering advancements made prior thereto. The property thus transferred consisted in greatest part of what is known as the “Good Block,” situated in Des Moines. At the time of making this division, the donor took back from his children mortgages on said block, aggregating in amount, $20,000, together with an agreement in writing, requiring each of his three elder children to pay him the sum of $100 per month during his life, and the youngest child, Mrs. Nysewander, to pay him, for the same time, $75 per month. These mortgages were released by decedent on the day following the execution of the first deed to defendants of the property in controversy. After this division of property decedent retained a lot in what is styled the “Vineyard,” in Des Moines, certain church property in Altoona in this state, the lot in controversy, and the personal property above stated, consisting of his children's obligations. We digress now for a time. Mr. Good was always a devout man, and, some time prior to the transaction complained of, became interested in the denomination of Brethren in Christ, or, at least, a denomination of similar belief and practice. At any rate he joined this body in 1895, and was a constant attendant on their services thereafter, so long as he was able to be about. In the month of August, 1895, he made a deed of gift of the Altoona property to defendant church. The value of this we are unable to discover. In the year 1896 he built for said denomination, in Des Moines, a church building, costing several thousand dollars, and with a seating capacity of 400, while the local membership then was but 6, and, at the time of the trial below, had increased to only 13. On June 21, 1897, Good made a deed of the property in controversy, lot 7, block 1, Good's Central addition to the city of Des Moines, worth $20,000, to the individual defendants, as trustees of the Brethren in Christ Church. This deed contained no conditions. It was not recorded until January 22, 1898; and none of testator's children had any knowledge of its execution until it was placed of record, although Good's youngest child, Mrs. Nysewander, who then resided upon the property, had so resided there for more than 20 years. This deed, it seems, was made upon the understanding that the grantor should have a reconveyance at any time he desired. On February 2, 1898, such a reconveyance was made to Good by defendants, and on the 8th day of the same month he made another deed to the same grantees named in the first one. This last deed contained this condition, after the granting clause: “The same being held by them and their successors in office, for the use of said Brethren in Christ Church, so long as used and kept in good faith by said church and no other, as a world-training mission, and for mission work; and if said church, or its said officers, shall vacate, or cease to use, said premises for said purposes, in good faith, for a period of one year, at any one time after the expiration of four years from this date, or if said church and its officers shall suffer said premises, or any part thereof, to be sold for taxes or assessments of any kind whatever, then, in case of either of said events taking place, the title to said premises shall immediately revert to and become vested in me, or, in case of my death before the happening of such event, then to my lawful heirs.” It is this conveyance which is sought to be set aside.

The grounds of the action are: (1) The mental incapacity of the grantor; (2) undue influence exerted upon him. We are inclined to think the two deeds to the church must be treated as a single transaction. The mental incapacity of the grantor at the time of making the first conveyance is therefore the vital issue on this branch of the case. We are not going into the testimony in detail on this subject, for we dispose of the case on the...