In re Le Borius' Estate
| Decision Date | 20 June 1947 |
| Docket Number | No. 34430.,34430. |
| Citation | 28 N.W.2d 157,224 Minn. 203 |
| Parties | In re LE BORIUS' ESTATE. LE BORIUS v. REYNOLDS et al. |
| Court | Minnesota Supreme Court |
Appeal from District Court, Hennepin County; Wm. A. Anderson, Judge.
Action by John LeBorius against Mercedes Reynolds, executrix of the estate of Louise Frank LeBorius, deceased, and others for specific performance of an alleged contract with deceased for a life estate in certain premises. Judgment for defendants and plaintiff appeals.
Affirmed.
Parker & Parker, of Minneapolis, for appellant.
Dorsey, Colman, Barker, Scott & Barber and Charles F. Noonan, all of Minneapolis, for respondents.
This is an appeal from an order denying plaintiff's motion for amended findings or a new trial.
In 1920, and prior thereto, Louise Frank LeBorius was the fee owner of the property involved in this action, consisting of 14 acres, more or less, in Hennepin county. It was her homestead. She resided on the property with her son, John LeBorius, plaintiff herein, a single man. On July 31, 1920, she conveyed the property by warranty deed to her son for a consideration of $6,000. While the deed recites "the receipt whereof is hereby acknowledged," it appears from the record that at the time of the transfer plaintiff paid his mother $1,000 and an additional $1,000 at a later date. On March 7, 1924, and after plaintiff had paid his mother $2,000, he transferred the property back to her by warranty deed for "one dollar ($1.00), and other valuable consideration." His mother paid the $2,000 back to him "shortly after" he executed the deed to her. This deed was recorded in the office of the register of deeds of Hennepin county on March 11, 1924. There were no reservations of any kind in the deed. The next day, March 12, by the execution of a codicil to a will she had made on March 2, 1922, she bequeathed to plaintiff a life estate in the property. Between the time plaintiff received the deed to the property executed July 31, 1920, and the time he executed the deed back to his mother March 7, 1924, they both continued to reside on the premises the same as they had for many years before she deeded the property to him. Between the summer of 1924 and 1927, plaintiff made certain improvements on the property, consisting of a windmill a barn, and two hog houses, at a total cost of about $6,000. Plaintiff testified that he paid the taxes on the property from 1910 (10 years before he got the deed) until 1929. He continued to live on the premises with his mother until her death on December 15, 1943, and was still there at the date of the commencement of this action. On March 13, 1944, the mother's will was admitted to probate in Hennepin county. That will, dated October 14, 1942, contained no provision for a life estate to plaintiff in the premises here involved, but it did name him as one of the beneficiaries. It referred to the fact that plaintiff had placed certain barns and buildings on the property—
It also provided that plaintiff should have the right to purchase a small strip of his mother's land in case any part of a barn he had built on his own land adjoining hers should be on her land, and that if he failed to purchase or remove the part of the barn that might be on her premises it was her wish and desire that her executrix or trustees should convey to him without charge "such additional amount of land as will give reasonable ingress and egress to said barn." The will also canceled certain loans made to plaintiff by his mother and provided that plaintiff should receive the income from a trust fund of $15,000 as long as he lived.
Plaintiff brought this action for specific performance of an alleged contract with his mother for a life estate in the premises involved. In his reply brief, he calls the court's attention to the fact that he "has not attempted to prove an oral contract to make a will," but relies on a written executed contract with his mother, as evidenced by his deed to her executed March 7, 1924, and recorded March 11, 1924, and his mother's codicil to her 1922 will, which codicil was dated March 12, 1924, bequeathing a life estate in the premises to plaintiff, with a power of sale. Plaintiff was precluded from testifying as to conversations between him and his mother regarding the transactions, but he offered testimony by George R. Smith, his mother's attorney, who prepared the original will of March 2, 1922, and the codicil dated March 12, 1924. Mr. Smith testified as follows: "Mrs. LeBorius came to my office and said that she wanted to have a change in that will I had prepared for her in 1922, that her son John had deeded back to her the 12-acre tract south of the Shakopee Road and that she had to give him a life estate in that tract of land, and wanted her will changed so as to carry out that direction."
William Schaleben, a witness for plaintiff, also testified that plaintiff's mother told him in 1927 that she bought the property back from plaintiff and that she agreed to make a will and give plaintiff a life estate in the property, and for that reason she could not sell it unless she made another agreement with plaintiff. He also said: "The conversation was that she had made an agreement to give him a will, and that was the consideration for her buying the farm back from John." N. K. Hunt, another witness for plaintiff, testified that plaintiff's mother told him in 1933 that she could not sell the property because "She had fixed John up a life lease in it at that time." Plaintiff testified that from 1929 until his mother died in 1943 he did not do much work. "On account of the family trouble I quit." He said that he continued to live on the farm with his mother, bought part of the food, and supported himself. There was testimony, which he denied, that he quarreled with his mother, cursed and threatened her, and used obscene language. He was questioned about letters from his mother to his sister, which he identified, in which his mother complained of his actions and treatment of her, but he denied any mistreatment. He admitted that He admitted that his mother had him arrested in 1939, but blamed it on the actions of his sister, who testified that she knew of no services plaintiff had performed for his mother since 1929. It will serve no purpose to go into a long review of the bickerings and arguments that apparently took place between plaintiff and his mother. Suffice it to say that it does not appear from the record, especially from 1929 to the time of her death in 1943, that plaintiff was any too considerate or thoughtful of his mother or her welfare, nor did he appear to do very much to assist in the management or upkeep of the farm during that time. Plaintiff's testimony as to his conduct was not very convincing; he was prone to blame most of his short-comings on some one else. He admitted that he might have threatened his sister, the executrix of his mother's will and one of the parties to this action. He accused her of "Sicking my mother to get after me all the time." A witness for plaintiff testified that he never saw anything out of the way on any visits he made to the farm where plaintiff and his mother resided.
The trial court concluded: "That plaintiff has failed to prove or establish any valid, legal, or enforceable oral contract and agreement between plaintiff and the deceased Louise Frank LeBorius by the terms of which Louise Frank LeBorius was or became or continued to be obligated to bequeath by will to the plaintiff a life interest in the property hereinabove described; that if at any time the deceased Louise Frank LeBorius orally promised to leave to plaintiff a life estate in said real estate, such promise was without consideration and may not be specifically enforced." The court denied the relief prayed for by plaintiff and dismissed the action.
Plaintiff contends that the findings of fact are incomplete and do not contain all the pertinent facts, and that the conclusions of law are not warranted or justified by the facts as given by the testimony and exhibits.
A view of the evidence most favorable to the prevailing party must be taken on this appeal. Hanson v. Hall, 202 Minn. 381, 279 N.W. 227, and cases cited. See, also, Leitner v. Pacific Gamble Robinson Co., 223 Minn. 260, 26 N.W.2d 228.
1. We shall first consider plaintiff's claim that he relies on a written executed contract with his mother, as evidenced by his deed to her of March 7, 1924, recorded March 11, 1924, and her codicil executed March 12, 1924. "* * * where it is sought to make out a contract by resorting to two or more separate writings, the connection must appear from the writings themselves, without aid of extrinsic evidence." Halstead v. Minnesota Tribune Co., 147 Minn. 294, 299, 180 N.W. 556, 558.
In the case cited above, it was held that a contract of employment of the plaintiff by defendant was shown by letters and telegrams exchanged between the parties, although the first...
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