Greene v. Maxwell

• Decision Date: 25 October 1911
• Citation: 251 Ill. 335,96 N.E. 227
• Parties: GREENE v. MAXWELL et ux.
• Court: Illinois Supreme Court

251 Ill. 335

96 N.E. 227

GREENE

v.MAXWELL et ux.

Supreme Court of Illinois.

Oct. 25, 1911.

Appeal from Circuit Court, De Witt County; W. G. Cochran, Judge.

Suit by John T. Greene, conservator, against George C. Maxwell and wife. Decree for plaintiff, and defendants appeal. Affirmed.

John Fuller, for appellants.

V. F. Browne, Herrick & Herrick, and E. B. Mitchell, for appellee.

DUNN, J.

The appellee, John T. Greene, as conservator of Henry Troxel, filed a bill in the circuit court of De Witt county against the appellants, George C. Maxwell and Bertha A. Maxwell, his wife, for the purpose of setting aside a deed to the appellants executed by Henry Troxel on February 20 1909. The bill was answered, the court after a hearing granted the relief asked, the defendant appealed, and the question presented is whether the evidence sustains the decree.

David Troxel died in 1902, owning about 350 acres of land in De Witt county, Ill., and 310 acres in Kansas. His heirs were his two sons, Isaac and Henry, his daughter, Catherine, and the three children of his deceased son Levi-Lawrence E. Troxel, Bertie E. Troxel, and Elizabeth C. Anger. He left a will giving all his property to his wife during her lifetime and after her death to his three children equally, subject to the payment of $50 to each of the three grandchildren. His widow died about four months after his death. The three surviving children were never married, and continued to live upon and farm the land together until Catherine died, in June, 1908, intestate, leaving her brothers and the nephews and niece above named her heirs. After Catherine's death Isaac and Henry still occupied the land together until Isaac died, in October, 1908, intestate. His heirs were Henry and the above-named nephews and niece. Bertie E. Troxel sold his interest in both estates, and the whole title became vested in Henry Troxel, Lawrence E. Troxel, and Elizabeth C. Anger. They agreed upon a division of the De Witt county lands, and in November, 1908, exchanged deeds, whereby Henry Troxel became the sole owner of 200 acres, worth $28,000. He was 57 years old, and on February 20, 1909, he conveyed the whole tract, reserving a life estate to himself, to the appellants for a consideration of $5,000, evidenced by the appellants' note, due in three years, without interest, and with the agreement that it should be renewed, so as not to be payable until his death. On April 5, 1909, Henry Troxel having been adjudicated of unsound mind, the appellee was appointed his conservator, and thereupon began suit to set aside the deed.

[1] The main question in controversy is the mental capacity of Henry Troxel. Many witnesses were examined, and their testimony shows the diversity of opinions customary in such cases. The facts of the life, conduct, and business of Henry Troxel were quite fully developed, and our judgment agrees with that of the chancellor who tried the case, that he was not of sufficient mental capacity to execute the deed in controversy As a boy he attended the district school, where he was slow in his studies, dull, and stupid, learning with difficulty, and going over the same ground year after year. He played and associated with smaller boys, much younger than himself, and has always associated with boys. He learned little, though he was able to read by spelling out the words and to write with difficulty. As he grew up he continued to work on his father's farm, where he has lived all his life, doing the ordinary work on the farm, but always under the direction of some other person. His mind seems not to have developed beyond that of a schoolboy. He could count money slowly, using his fingers in counting. His father managed the farm, and Henry worked under his direction, not acting upon his own responsibility in any particular. After his father's death Isaac took the management of the farm and the business connected with it, and Henry worked under his direction as he had previously under his father's. He was then the owner of an equal interest in the farm, and was sometimes formally consulted about what should be done; but the actual charge of affairs was in Isaac's hands. He looked much older than he was, having the appearance of a man of 70. He was stoop-shouldered, unsteady in his walk, and had an impediment in his speech. He would stand around smiling, laughing, and paying no attention while business was being transacted. He went to town, to Clinton, Bloomington, and Wapella, by himself, buying his own railroad tickets. He sold butter, eggs, poultry, and other produce, and bought groceries, coal oil, and similar articles for the house. He could and did make such purchases and sales as might be intrusted to a boy by the direction of an older person, and the evidence shows few transactions of any greater magnitude in which he took an independent part. Matters of business pertaining to the farm, the work on it, the employment of help, the sale of stock, were referred to Isaac. He had a very good memory, but his mind appeared to be lacking in the qualities of reason and judgment, and he had not the capacity of comprehension beyond small affairs immediately before him. It is not meant to say that he was wholly lacking in judgment and discretion. He could go about the farm and do ordinary work...