Groves v. Groves

Decision Date03 April 1957
Docket NumberNo. 49139,49139
Citation82 N.W.2d 124,248 Iowa 682
PartiesDoris N. GROVES, Appellant, v. Ralph W. GROVES and Vera Groves, Appellees.
CourtIowa Supreme Court

Doran, Doran, Doran, Erbe & Doran, Boone, for appellant.

Phelan, Karr & Karr, Webster City, for appellees.

GARFIELD, Justice.

On May 18, 1954, plaintiff Doris N. Groves, a widow then 86, made an absolute warranty deed to her son Ralph, then 64, of 220 acres of unimproved farm land in Hamilton county. The deed recites consideration of one dollar and other valuable considerations. Value of the land was $77,000. On the previous March 1st plaintiff made a written lease of the same land to Ralph for ten years at annual rent of $2,000 plus taxes and expense of keeping up the fences. Ralph farmed the land as tenant since March 1, 1941, on these terms except he did not pay the taxes until 1943. However, the lease for the ten years 1941 to 1951 called for crop share rent.

On January 21, 1955, plaintiff brought this equity suit to set aside the lease and deed on the grounds she was not mentally capable of appreciating their significance, Ralph took advantage of the confidence plaintiff reposed in him, the instruments were not delivered and lacked consideration. Trial was had in February, 1956. Plaintiff testified only by deposition taken in May, 1955. The trial court dismissed the petition but defendants Ralph and wife offered, and were required to, convey to plaintiff a life estate in the land. This defendants did subject to the lease made March 1, 1954. Plaintiff has appealed.

Since the decision depends to a considerable extent on the facts a statement of the important ones is called for.

Plaintiff is the widow of Alexander Groves who died intestate November 8, 1934, also survived by three sons and a daughter. They are, in order of birth, Carl, Ethel, defendant Ralph, and Wilfred. All were in their sixties at time of trial. Carl lives in or near Eagle Grove. If he is interested in the case the record does not show it. Ethel is a widow living in Portland, Oregon. Ralph is a farmer near Webster City and Wilfred and plaintiff live in separate homes in that city.

Until recently plaintiff has long been prominent in social and public affairs in the community. Since 1949 she has been virtually blind in one eye and does not see well with the other. She reads only with the aid of a large magnifying glass. She suffered some form of heart attack at Christmas, 1953, and has not enjoyed good health since then. She was in the local hospital from April 22 to 29, 1954.

The land in question is part of 1,040 acres of farm land owned by the father at his death. 320 acres were in Wright county, the rest in Hamilton. Before his death the father had given each of his sons a farm. One of 240 acres in Wright county was placed in Carl's name, 200 acres in Hamilton county were given Ralph, and 240 acres (also in Hamilton) were given Wilfred. However, Wilfred agreed to pay his father $4,000 for 40 of his 240 acres. These three farms are in addition to the 1,040 acres the father owned at death.

The improvements on Ralph's 200 acres were of little consequence and he mortgaged the land for $20,000 with which to build new ones. Ralph also owed a bank about $18,600 in his father's lifetime. In order to pay the bank the father had Wilfred mortgage his farm for this last amount and take a second mortgage on Ralph's land as security for it. The father also agreed to indemnify Wilfred against loss from the loan of $18,600 to Ralph.

Based on this indemnity agreement Wilfred filed a claim against his father's estate, alleging the second mortgage on Ralph's farm was worthless. The claim was allowed for $16,605 against which was set off $3,620.25, the amount unpaid on Wilfred's debt to his father for 40 acres of Wilfred's land. At the same time (July 6, 1935) Ralph's total debt to his father's estate was fixed at $20,774.25 and plaintiff, as administratrix, was authorized to retain Ralph's share in the estate to reimburse it for the debt.

Thereafter the 1,040 acres were divided among plaintiff, Carl, and Wilfred. Ralph received none of this land, his share having gone to satisfy his indebtedness to the estate as just explained. The 320 acres in Wright county, where Carl lives, were quitclaimed to him, subject to a mortgage of $26,000. Ethel quitclaimed to Wilfred her interest in the estate and received in return a deed to the 240 acres Wilfred acquired from the father in his lifetime, subject to a debt of $2,000. The 720 acres in Hamilton county left by the father went to plaintiff and Wilfred, the plaintiff's share being .38 and Wilfred's .62. Plaintiff also received the home in Webster City.

Apparently about the time the administratrix' final report was filed on October 8, 1937, plaintiff and Wilfred divided the 720 acres by plaintiff's taking 280 and Wilfred the remaining 440 acres. Then plaintiff sold 60 of her 280 acres to Wilfred for $90 an acre leaving her with the 220 acres now in controversy. The deeds between plaintiff and Wilfred are dated October 12 and filed December 16, 1937. The land Wilfred acquired is known as the old home place and had a nice set of improvements on it.

Recital of the above details seems necessary in view of Ralph's contention he received less than his fair share of his father's estate and would have contested the settlement except for his mother's promise that if he would refrain from doing so she would give him the land in controversy when she was through with it.

Plaintiff first leased her 220 acres to Ralph in August, 1940, for ten years commencing March 1, 1941. As previously stated the lease called for share rent. Ralph says the told plaintiff sometime in 1941 he would rather pay her cash than share rent, as he was buying corn and oats to feed, and plaintiff said that would be all right. Ralph paid his mother $2,000 rent annually until the time of trial and in addition $100 in 1946, $500 in 1948, $100 in 1949, $250 in 1954, and $1,000 in 1955 (after this suit was started). As before indicated, Ralph also paid taxes on the land commencing in 1943, also plaintiff's personal tax and automobile license fee. And, as stated, Ralph kept up the fences.

A second lease was made for five years commencing March 1, 1951, at $2,000 yearly rental plus taxes and expense of keeping up fences. On March 1, 1954, when this lease had two more years to run, the lease now sought to be set aside was made. Ralph's explanation for the fact this last lease was made so soon is that he planned to build new woven wire fences, mistakenly thought the second lease had only one more year to run and he felt he should have a lease for the longer period.

The three leases were prepared by Ralph's attorney. A real estate dealer testifies for plaintiff the reasonable rental value of the land from 1941 to 1951 was $25 in acre. Ralph says he offered his mother more rent at different times but she did not want it.

Except when Ralph was away on a trip he called on his mother nearly every day. He brought her milk at least every other day. Ralph's wife, known as Betty, was also a frequent visitor. Wilfred called on plaintiff perhaps as often as Ralph did. Wilfred's wife Helen was also a frequent caller.

On May 12, 1954, plaintiff handed Ralph an envelope containing a carbon bopy of her will made November 3, 1949. Ralph testified he asked her to identify the envelope and she wrote on it: 'This is a copy of which the original lies in my box in the Hamilton Co. Bank. Another copy is in the possession of Henderson and Jones. Doris N. Groves.'

'May 12, 1954.'

Henderson & Jones was the name of a law firm composed of former District Judge Henderson and his partner. They witnessed the will and presumably prepared it. There is no evidence Ralph had anything to do with its preparation. This will left the 220 acres in question to Ralph and nominated him executor without bond. Just before naming the executor the will recited: 'The foregoing disposal of my estate is made in view of gifts and settlements heretofore made with my children in connection with the estate of my deceased husband, Alexander Groves.'

Attached to the copy of the will was a carbon copy of a codicil dated July 28, 1953, also witnessed by Judge Henderson and his partner, which provided the federal estate tax should be paid by Ralph, Wilfred and Ethel and also: 'I hereby approve and confirm said will in its entirety.'

About the time this suit was commenced plaintiff made a new will, prepared by Judge Henderson (who died before the trial). Plaintiff first declined to say to whom this new will leaves the 220 acres but testifies later she doesn't remember. She finally says it does not leave the land entirely to Ralph.

Ralph testifies plaintiff told him, when she handed him the envelope, she left him the farm in her will and he told her 'Wills have a habit of disappearing. If you want me to be sure to have the farm it would be best to give me a deed for it.' And according to Ralph plaintiff replied 'That is right. I will do so.' Plaintiff says she remembers something like the former remark by Ralph but does not remember her reply.

Ralph testifies that a short time after plaintiff gave him the envelope she asked him to return it as she'd like to read it over, he did so, she read the copy of the will and asked him to read it, she said 'That is the way I want it. You keep it but say nothing about it to anyeone.' Ralph also says his mother asked about his attorney Mr. Guthrie preparing a deed to the land and he arranged with Guthrie to do so. Ralph had conferred with Mr. Guthrie about such a deed on May 12 and Guthrie evidently prepared it May 15. Ralph also conferred with his attorney on May 18, the day the deed was signed. Plaintiff's diary shows Ralph called at her home three times on May 16, three times on the 17th and once on the 18th. Ralph's wife Betty and Wilfred also called on the 17th.

On May 18 Mr. Guthrie...

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