Jones v. Robley
Decision Date | 19 January 1949 |
Docket Number | No. 30826.,30826. |
Citation | 402 Ill. 302,83 N.E.2d 570 |
Parties | JONES v. ROBLEY et al. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Macoupin County; L. E. Wilhite, judge.
Suit by P. L. Jones against Flora Robley and others to set aside two deeds whereby plaintiff's wife, Dora Zelmer Jones, deceased, in her lifetime purported to convey certain realty to her brother, and to set aside two subsequent deeds from the brother to certain defendants, and for other relief. From the decree, plaintiff appeals.
Reversed and remanded, with directions.
Raymond L. Jones, of Chicago, and Denis A. McGrady, of Carlinville, for appellant.
L. M. Hardlan and Murphy & Murphy, all of Carlinville, for appellees.
This is an appeal from the circuit court of Macoupin County, wherein a decree was entered dismissing appellant's complaint for want of equity. The appellant, P. L. Jones, brought this suit to set aside two deeds whereby his wife, Dora Zelmer Jones, now deceased, purported to convey certain property located in Carlinville, Illinois, and Morton County, North Dakota, to her brother, Edward C. Mieher, now deceased, and to set aside two subsequent deeds from Edward C. Mieher to certain of the defendants. Appellant also prayed that the defendants be required to reconvey said property, or be declared to hold the same in trust for the heirs of Dora Zelmer Jones; that an accounting be had for the income from said property subsequent to her death; and for such other relief as equity may require.
The amended complaint, filed March 15, 1947, sets forth in essence that appellant married Dora Zelmer Jones on July 27, 1933; that they lived together for eighteen months in a dwelling owned by Dora Zelmer Jones located in Carlinville, and that she also owned certain property located in Morton County, North Dakota; that Edward C. Mieher, a brother of Dora Zelmer Jones, by use of duress, coercion, undue influence and without consideration, while she was mentally incompetent, induced her to convey the said property to him by deeds dated December 17, 1934, unknown to appellant, and which deeds were not recorded until November, 1940. The amended complaint further states that on April 10, 1941, Edward C. Mieher and Irma F. Mieher, his wife, executed deeds purporting to convey the said property to Flora Robley, Millie Klaus, Clara Talley, Mathilda Walter, Fred Mieher and Elmer Mieher, and that said deeds were procured and given as part of the plan and conspiracy of Edward C. Mieher to deprive Dora Zelmer Jones and appellant of their property rights.
It is further alleged that appellant is the surviving spouse of Dora Zelmer Jones, deceased; that there were no children born to her or adopted by her; that the defendantsinduced her to separate from appellant while she was mentally ill; that subsequent to the execution of the deeds by her, on December 20, 1934, Edward C. Mieher, the grantee of the said deeds, filed a petition in the county court of Macoupin County asking that she be adjudged incompetent; that on January 2, 1935, the said Edward C. Mieher was appointed as conservator of her person and her estate; that he was succeeded as conservator by John P. Denby, and that on March 11, 1936, the said Denby, as conservator, filed a suit in the circuit court of Macoupin County to annul the marriage of appellant and Dora Zelmer Jones.
In addition it is alleged that Dora Zelmer Jones died intestate, on September 26, 1941, while a patient in the State hospital at Jacksonville, Illinois, and that she left her surviving appellant, and Flora Robley, Millie Klaus, Clara Talley, Fred Mieher, Elmer Mieher and Edward C. Mieher, her brothers and sisters, and Melvin Walter and Mildred Wells, children of Mathilda Walter, a predeceased sister, as her only heirs-at-law; that thereafter Edward C. Mieher died intestate, on March 2, 1942, leaving him serviving his widow and four children who, along with the survivors named above, are appellees here. It is also alleged that under the laws of North Dakota appellant is entitled to equitable title in the North Dakota property as sole heir-at-law of his deceased wife, and that he is entitled to a one-half interest in the Carlinville property as an heir of his deceased wife.
The answer of the appellees admits many of the pertinent allegations of the complaint, but in substance denies that Dora Zelmer Jones owned the real estate at the date of her death; denies that either they or Edward C. Mieher, deceased, were guilty of fraud, duress or undue influence, or that the deeds in question were procured while she was in a weakened condition or incapable of understanding the consequences of her acts; and denies that the existence of the deeds was not known to appellant. The answer further denies that the deeds of Edward C. Mieher and his wife were part of a fraudulent scheme or conspiracy, or that any of appellees endeavored to separate appellant from his wife, but alleges that she left her husband of her own free will while she was mentally competent; and denies that appellant is entitled to any of the relief prayed for.
The evidence discloses that appellant and Dora Zelmer Jones were married July 27, 1933, she then being seventy-two years of age. They lived together as husband and wife until December 16, 1934, when she left their home in Carlinville and failed to return. That evening appellant located her at the home of her brother Edward C. Mieher, on a farm near Carlinville, and the latter informed him that Mrs. Jones was going to visit her family for a few days. On December 17, 1934, Mrs. Jones executed her deeds conveying the Carlinville property and the North Dakota property to Edward C. Mieher, which deeds were prepared in the office of an attorney named Peebles and acknowledged before him as notary public. It is not contended by the appellees that any consideration was given for the deeds. The very next day, December 18, 1934, Edward C. Mieher signed a petition for the appointment of himself as conservator of the person and property of Dora Zelmer Jones. The petition was filed in the county court of Macoupin County December 20, 1934, and upon a hearing on January 2, 1935, Mrs. Jones was found to be incompetent, and the petitioner appointed conservator of her person and of her estate, in which capacity he served until his resignation on or about February 28, 1941, which resignation was made effective as of February 21, 1935.
On February 28, 1941, appellee John P. Denby was appointed successor conservator, effective as of February 21, 1935, and he continued so to act until the death of the ward on September 26, 1941. An inventory filed in the conservatorship June 19, 1939, scheduled both the Carlinville and North Dakota properties as real estate of the ward. Several accounts and reports filed by the conservators showed income from both pieces of real estate as being paid into the conservatorship estate.
The evidence further discloses that on March 11, 1936, there was prepared in the office of attorney Peebles, a complaint in the name of Denby as...
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