Griffiths v. Griffiths

• Decision Date: 03 September 1948
• Docket Number: No. 204.,204.
• Citation: 61 A.2d 249
• Parties: GRIFFITHS v. GRIFFITHS et al.
• Court: New Jersey Supreme Court

61 A.2d 249

GRIFFITHS

v.GRIFFITHS et al.

No. 204.

Court of Errors and Appeals of New Jersey.

Sept. 3, 1948.

Appeal from Court of Chancery.

Suit under the Declaratory Judgments Act by Joseph W. Griffiths against Burtis W. Griffiths and wife for a declaration as to the rights and interests of the complainant and defendants in certain realty, to compel defendants to join in a conveyance of the realty to the complainant, and for cancellation of certain agreements with respect to the realty. From a decree advising dismissal of the bill, the complainant appeals.

Decree affirmed.

The following is the opinion by Grimshaw, V.C., in the Court of chancery:

The complainant, Joseph W. Griffiths, is a widower aged about 77 years. He is the father of the defendant, Burtis W. Griffiths, whose wife, Marjorie H. Griffiths, is the other defendant.

The wife of the complainant died in 1941. By her will, in which she named complainant as executor, she devised to complainant the real estate on Brookside Avenue in the Borough of Allendale, Bergen County, which is the subject matter of this litigation. The real estate had at one time belonged to Joseph W. Griffiths, the complainant, who had transferred it to his wife.

To assist him in the settlement of his wife's estate, Griffiths retained John E. Selser, a lawyer who was the legal advisor and friend of both Joseph W. Griffiths and his son, Burtis W. Griffiths, with both of whom he was on terms of social intimacy. It was during his visits to Selser's office in connection with his wife's estate that Joseph W. Griffiths had the discussions with Selser concerning his own property which resulted in the execution of the various instruments involved in this dispute.

Griffiths was irritated because he was compelled to pay an inheritance tax on property which he felt belonged to him. He determined to put the title to the property in his son's name and instructed Selser to draw the necessary papers. Selser demurred, pointing out that to be effective the transfer would have to be complete and unconditional. He suggested that the son might die, the daughter might remarry and that the obligation to support Joseph W. Griffiths, might, under those circumstances, be forgotten. Griffiths was determined but Mr. Selser finally persuaded him to execute in addition to a deed, two agreements which set forth at length the conditions under which the transfer was made.

There are two deeds and two agreements. There is a deed from Joseph W. Griffiths, as executor of his wife's estate, to Selser's secretary and one from the secretary to Joseph W. Griffiths and Burtis W. Griffiths as joint tenants.

One of the agreements between Joseph W. Griffiths and Burtis W. Griffiths and Marjorie H. Griffiths, his wife, after detailing the transfer of the real estate and certain personal property, contains a recital and agreement as follows:

‘Whereas, the parties of the Second Part in receiving the transfer of title to the said real and personal property, acknowledge that the true beneficial interest therein shall and will remain in the said Joseph W. Griffiths for and during the term of his natural life, a right of control thereover having been given to the said Burtis W. Griffiths, to be exercised by him for the convenience and accommodation of the said Joseph W. Griffiths and not independent thereof;

Now, Therefore, the parties hereto, in consideration of the covenants herein contained, do mutually agree to and with each other as follows:

‘1. That the said Burtis W. Griffiths and Marjorie H. Griffiths, his wife, do hereby receive a transfer of the title to real and personal property made by the said Joseph W. Griffiths to Burtis W. Griffiths, with a full understanding that the right of control in title vested in the said Burtis W. Griffiths shall and will be exercised consistent with the interest, comfort and convenience of the said Joseph W. Griffiths and not independent thereof.

‘2. The said Joseph W. Griffiths does hereby intend that the title to the said real and personal property shall and will be vested in the said Burtis W. Griffiths to the extent and with the effect that the conveyances thereof purport to give, the said Joseph W. Griffiths reserving unto himself merely a beneficial interest in the nature of a trust for his care, comfort and convenience during the term of his natural life, fully understanding that the interests in title so conveyed by him shall and will pass by the proper will of the said Burtis W. Griffiths as if this trust did not exist, except during the lifetime of the said Marjorie H. Griffiths, wife of the said Burtis W. Griffiths, she assumes for herself the burdens of the trust herein assumed by the said Burtis W. Griffiths.

‘3. All the parties hereto agree that they, their heirs, executors, administrators and assigns, shall and will execute and deliver such instruments in the law as may be necessary at any time in the future to effectuate the provisions of this agreement and to guarantee the performance thereof in its each and every element.’

The other agreement between the same parties recites the transfer of the real estate and then provides for its management in the following language:

‘Therefore, This Agreement Witnesseth, that the parties hereto in consideration of the mutual covenants herein contained, do covenant and agree to and with each other, that the said Joseph W. Griffiths shall be and is hereby designated the manager of the properties herein above described, to collect the rents, issues and profits therefrom, and in his sole...