Green v. Michael

• Decision Date: 24 March 1944
• Docket Number: 20.
• Parties: GREEN et al. v. MICHAEL et al.
• Court: Maryland Court of Appeals

36 A.2d 923

183 Md. 76

GREEN et al. v. MICHAEL et al.

No. 20.

Court of Appeals of Maryland

March 24, 1944

Appeal from Circuit Court, Allegany County; D. Lindley Sloan, Chief Judge.

Action by Ella Michael and Clementine Michael, administratrices of Frank J. Custer, Deceased, against Mahala J. Green and the First National Bank of Cumberland, Md., to set aside, on ground of undue influence, a transfer of bank accounts by deceased to the defendant first named, and for an injunction. From a decree granting the relief prayed, the defendant Mahala J. Green appeals.

Decree reversed and bill dismissed.

Edward J. Ryan and William C. Walsh, both of Cumberland, for appellant.

Horace P. Whitworth, of Westernport, for appellees.

Before DELAPLAINE, COLLINS, MARBURY, MELVIN, and BAILEY, JJ.

COLLINS Judge.

Ella Michael and Clementine Michael, administrators of the estate of Frank J. Custer and sisters of the deceased, filed in the Circuit Court for Allegany County a bill of complaint against Mahala J. Green and the First National Bank of Cumberland. This bill alleged among other things that Frank J. Custer, fifty-nine years of age at the time of his death single, while feeble in health and impaired mentally and not capable of transacting business, in 1942 transferred to a joint account with Mahala J. Green $1,237.73 in the Second National Bank of Cumberland and $1,207.85 in the First National Bank of Cumberland; that the said Mahala J. Green had acquired domination over the said Frank J. Custer and his mental condition, together with his physical condition rendered him susceptible to the influence and suggestions of Mahala J. Green so as to deprive him of his free agency; that he was induced to make the transfer of these accounts through the importunities, suggestions, demands and influence of the said Mahala J. Green. The complainants asked that the sum of $1,237.33, formerly in the Second National Bank of Cumberland, be declared to be the sole property of the estate of Frank J. Custer and that Mahala Green be declared to hold the same in trust for the benefit of his estate and be ordered to pay the same over to the plaintiffs; that the deposit of $1,207.85 in the First National Bank of Cumberland be declared the property of the said Frank J Custer and that the defendants be enjoined and restrained from withdrawing said fund pending the determination of the suit. After answer filed denying the material allegations of the bill, testimony was taken in open court. The Chancellor granted the relief prayed and ordered Mahala J. Green to pay the costs. An appeal is taken to this Court by Mahala J. Green from that decree.

On appeal all contention that Frank J. Custer was non compos mentis or mentally incapable of executing a valid deed or contract is abandoned, and the only question before this Court is whether Mahala J. Green exercised undue influence over Frank J. Custer and by fraud procured the assignment of the bank deposits. There is no contention that the joint accounts were not worded in such form as to go to Mahala J. Green upon the death of Custer.

In a case of this kind, it is necessary for a proper understanding thereof to detail the testimony by which it is sought to establish undue influence. The mother of Frank J. Custer, Ella Michael, and Clementine Michael, previous to her death twelve years before that of Frank J. Custer, lived on a farm in Garrett County which she inherited from her husband. Frank J. Custer, being a bachelor, lived with her and before her death, she turned over to him the farm and all her personal property. The appellees alleged that the sum turned over to Mahala J. Green by him, now in dispute, was part of the funds which came from their father and mother. After his mother's death, Custer lived alone on the farm doing very little farming and doing his own cooking and housekeeping, providing very little food and at times almost starving himself to death. During the last seven or eight years of his life, the deceased suffered with a deficiency in the blood and anemia caused by malnutrition through lack of proper food. His sisters, Ella Michael and Clementine Michael, lived within a few miles of his farm. Six or seven years before his death, Frank J. Custer lived with his sister, Clementine, once for a period of five or six weeks and stayed with her for a short time three or four years before his death. He never stayed with his sister, Ella Michael, although invited to do so. His sister, Ella Michael, had not seen him for six months or a year before his death, and Clementine Michael had not talked to him for three years before his death except one night when she saw him going to the home of Mrs. Green. From the record, although it appears that his sisters were willing to help him and invited him to their homes to care for him, Frank had no affection for them. They knew that he was in bad health, and if he had come to them for assistance, they would have looked after him, yet they made no effort to keep in touch with him and to determine his condition although they knew that he was not in good health. None of his other relatives did much for him.

Mahala J. Green at the time of Custer's death was a widow seventy-four years of age and had eight children. Her husband had been dead about ten years. She formerly lived on a farm near Frank Custer and later moved to Moscow, a town about four miles from Frank's home, six years before his death. Although acquainted with her for a period of ten or fifteen years, he first came to her house seven years before his death to sell her eggs. He became greatly attached to her and according to her statement, regarded her as a mother. After that time he spent most of his time at her home where he slept and where she cooked for him, washed his clothes, sewed and took care of him generally. He would stay sometimes for a week and sometimes for two weeks and then go home for two or three days. During this period he was sick a great deal of the time. She nursed him and gave him medicine. He spent the last three weeks of his life at her home, she taking him to the hospital three or four days before he died. He paid her nothing for his board, room, lodging, sewing, washing and nursing care. However, she kept a record of the days which he spent at her house and with his knowledge, charged him in a book at the rate of $1 a day for five hundred seventy-four days. This apparently was regarded as a charge for board but not for care, nursing, washing, sewing and other general services rendered. He never paid this account but told her to file it against his estate when he died, which she later did, as he would still have the farm and it was good for the bill. She said that he wanted to turn over all his money to her and also deed her the farm but that she would not consent to this, and also that he wanted her to marry him, which she would not do. On January 28, 1942, he went to Cumberland with Mrs. Green on the bus. She said that she was going to see a doctor and he asked to go along and she told him, 'Yes, sure, the road is open.' After stopping at her daughter's house, the three of them went to the Second National Bank in Cumberland. Mrs. Green and her daughter stayed in the background, and Custer went up to a teller's window and according to the testimony of that teller, wanted to know about changing his account. The teller explained to him the several forms of joint accounts and the effect of these, and the teller said that he appeared to understand what he was doing and said that he wanted to put the account in his name and Mrs. Green's name so that either could draw the money at the death of the other. The three then went to the First National Bank of Cumberland and he was waited on by Miss Hazel Oder. She stated that he came to his account. She wished to add a name to his account. She explained to him the various forms of joint accounts and the effect of these, and said that he appeared to understand what was being done; that Mrs. Green was there, but she had nothing at all to do with opening the account. Miss Oder talked to Custer at her desk. Mrs. Green was there but she does not remember just where. At both banks Mrs. Green signed a signature card. Mrs. Green said that two days after they returned home, he said, 'I am glad this was over; I am glad of it--you are a mother to me.' 'I said, 'How about the board bill?' 'Put it against the estate; you know my place will fetch it.' 'I know it, but I don't want to have no trouble.'' On a later occasion Frank and Mrs. Green went to the bank at Frostburg where he wanted to also change his funds to a joint account with Mrs. Green. An objection was raised by the bank officials and a suggestion made that rather than change the account, he make a will. Mrs. Green objected to a will because it could be broken and so did Frank. They both quarrelled with the bank officials, became angry and left the bank, and no transfer was ever made of that account which is now part of his estate. He never got out of her house after that time except to go to the hospital where he died.

Mrs. Green testified that after he left to go to the hospital the last time, she found the bank books under the pillow. After Frank's death Mrs. Green told his sisters about these joint accounts. Six days after his death she went to the Second National Bank and obtained the money in the account there but was unable to get the money at the First National Bank as that institution had been advised not to turn the money over to her.

Through the testimony of other witnesses, it is established that Frank J. Custer was a most penurious man and was described by one of his neighbors as 'tight as the bark on a tree.' His attending physician in whose clinic he died stated...