Holmes v. Brooks

• Decision Date: 31 July 1911
• Citation: 80 A. 773,84 Conn. 512
• Court: Connecticut Supreme Court
• Parties: HOLMES et al. v. BROOKS et al.

80 A. 773

84 Conn. 512

HOLMES et al.

v. BROOKS et al.

Supreme Court of Errors of Connecticut.

July 31, 1911.

Appeal from Superior Court, New London County; Lucien F. Burpee, Judge.

Action by Charlemagne Holmes, administrator of Mary A. Brockway, deceased, and others against Mary E. Brooks and another to set aside a deed and to recover damages. From a judgment for defendants, plaintiffs appeal. Affirmed.

Gustaf B. Carlson, for appellants.

Donald G. Perkins, for appellees.

RORABACK, J. The plaintiffs, the administrator and heirs at law of one Mary A. Brockway, now deceased, in their complaint ask that a certain deed given by Miss Brockway in her lifetime to the defendant Mary Brooks be set aside, because Mrs. Brooks failed to perform certain agreements contained in the deed in that she failed to pay the sum of $800, and failed to care for Miss Brockway when she was ill and needed care.

Upon the facts found the superior court reached the following conclusions: The defendant Mary E. Brooks has not refused or neglected to comply with the terms of the J agreement in the manner alleged in the complaint; that the plaintiffs are estopped from maintaining this action; that the deceased, Mary A. Brockway, made a valid present gift to the defendant Mary E. Brooks of all the property described in the complaint, including the designated price or consideration of $800, subject to certain uses reserved to herself and to certain conditions subsequent, which have been fully enjoyed and performed and kept. Each of these facts is sufficient to prevent the plaintiffs' recovery. The reasons of appeal involve the action of the trial court in reaching the conclusions just stated.

As bearing upon the subject of estoppel the facts found in substance are: January 18, 1899, Mary A. Brockway, an elderly lady, owned and occupied a house and lot of land in the town of Lyme, in New London county. She was a timid woman and afraid to live alone in her house, and had let tenants occupy a part of it without rent. About one year previous to January, 1899, she took the defendants into her home and allowed them to occupy about two-thirds of it without rent. The relations between Miss Brockway and the defendants became and continued friendly and they always lived happily together in her house. To secure the continuance of these relations Miss Brockway proposed to give the house to Mrs. Brooks if she would stay there on certain conditions which Miss Brockway stated. Among the conditions so stated was an agreement that Mrs. Brooks was to care for Miss Brockway or furnish some one to care for her if at any time she should be sick and unable to care for herself. Mrs. Brooks accepted the gift of the place upon these conditions. On January 18, 1899, Miss Brockway executed and delivered to Mrs. Brooks a warranty deed of the premises in question. This deed purported to be given for the consideration of $800 received to the full satisfaction of Miss Brockway. Some of the conditions of this deed are that the grantor, Mary A. Brockway, reserves and is to have and occupy that portion of the dwelling house she now occupies, and all other rights and privileges more clearly and fully set forth in a written agreement executed by the parties the 18th of January A. D. 1899, and if the said grantee at any time refuses or neglects to comply with the terms of said agreement such refusal or neglect will make this deed null and void. The following are some of the statements and provisions contained in this agreement: "The said Mary A. Brockway in consideration of the sum of $800 to her paid by the said Mary E. Brooks, the receipt of which is hereby acknowledged, and in further consideration of the promises and covenants of the said Mary E. Brooks hereinafter contained thereby, agreed with the said Mary E. Brooks that she will on or before the 18th day of January, A. D. 1899, make and deliver to the said Mary E. Brooks a good and sufficient deed of that tract of land in question. In consideration hereof the said Mary E. Brooks hereby agrees with the said Mary A. Brockway that she will, on receiving a deed of the above-bounded and described property on or before the 18th day of January, A. D. 1899, pay the said Mary A. Brockway the sum of $800 and faithfully keep and perform all the promises,...