Knoechelmann's Adm'r v. Knoechelmann

• Decision Date: 08 March 1932
• Citation: 242 Ky. 662,47 S.W.2d 534
• Parties: KNOECHELMANN'S ADM'R v. KNOECHELMANN.
• Court: Kentucky Court of Appeals

47 S.W.2d 534

242 Ky. 662

KNOECHELMANN'S ADM'R v. KNOECHELMANN.

Court of Appeals of Kentucky

March 8, 1932

Appeal from Circuit Court, Kenton County, Common Law and Equity Division.

Proceeding by August Knoechelmann's administrator for the settlement of the estate of August Knoechelmann, deceased, in which Henry Knoechelmann filed a claim. From a judgment allowing the claim as reduced, the administrator appeals.

Affirmed.

Robert C. Simmons, of Covington, for appellant.

Edward W. Pflueger, of Covington, for appellee.

WILLIS J.

This case is unique in its particulars, but it is governed by general principles that are familiar in the law. The action was by the personal representative of August Knoechelmann for a settlement of his estate. One of the heirs, Henry Knoechelmann, asserted a claim for $2,500 as compensation for services rendered by him to the decedent under a written contract. The claim was allowed for the reduced amount of $1,200. The appeal is by the personal representative who insists that no allowance was justified by the facts.

August Knoechelmann was a childless widower of advanced age. He cherished the memory of his deceased wife, and was a devout adherent of the Catholic faith. He conceived the idea of conveying a parcel of land to the bishop of the Covington diocese for the purpose of building a church and school of his faith to be named in honor of his departed wife. Although the plan had been long in his mind, and often in his thoughts, his anxiety about its accomplishment increased as his age advanced. He was not encouraged by certain of his relatives to whom the matter was broached. Finally, on May 31, 1927, he executed a contract to the appellee which provided: "In consideration of his services in assisting me in transferring my property to the Bishop for school church and sisters' house, and persuading the Bishop to carry out my purpose to establish such institutions on my land, I hereby promise and agree to convey to Henry Knoechelmann, my nephew, a lot on the Dixie Highway, 100 feet and having a depth of 200 feet, more or less, adjoining and next to the property transferred to the Bishop." And the same time a paper was prepared and executed for presentation to the Bishop, which was as follows: "I, August Knoechelmann, widower, of Kenton County, Kentucky, being desirous of extending the Kingdom of God, and being a devout member of the Roman Catholic Church, and desirous of having established a church, school and sisters house, at the intersection of the Dixie Highway and Old State Road, I now offer to deed to the Bishop of the Covington Diocese, Francis Howard, sufficient of my property to accomplish the above and to execute a deed to the same as soon as it can be surveyed and the deed prepared (said property being about 250 feet on the Dixie Highway and about 300 feet, more or less on the Old State Road), the Bishop agreeing for himself and his successors, to first establish a school and then organize a parish as seems best and practicable; and because of my advanced age, so that I may see a partial accomplishment of my purpose, the Bishop promises me to erect the school within the next eighteen months, after the acceptance of the deed, which school will be used for School and Church purposes."

The appellee began at once to carry out the undertaking. He employed an engineer to survey and map the land and held numerous conferences with the bishop. As a result of much effort and after an alteration of the original proposition an agreement was reached which was then deemed satisfactory by the bishop and by Mr. Knoechelmann. On June 22, 1927, a conveyance was made to the bishop, accepted by him, and duly recorded. The deed did not contain a covenant corresponding to the provisions of the proposition, but the parties understood the purpose and obligation of the bishop to observe in that respect the stipulations of the contract. At this point the appellee insists that, having rendered the service contemplated by his contract and the parties having completed the transfer of the property on terms calculated to accomplish the purpose of his principal, and which terms were then satisfactory to both parties, his compensation was earned, and his right could not be affected by any subsequent changes in the contract by mutual consent of the parties concerned. A new arrangement was made later by which the first transaction was rescinded. The bishop conveyed the land back to the grantor, and a substitute plan was adopted. Under the new plan Mr. Knoechelmann conveyed to the bishop the same land covered by the previous deed with some additional acreage, and accepted a cash consideration from the bishop for some of the additional land. But the primary purpose of August Knoechelmann was nevertheless preserved, and will doubtless be realized, although under a different plan from that originally adopted. The additional land conveyed to the bishop included the very lot that was to be conveyed to the appellee for his services, and he stood by and permitted the new arrangement to be consummated. Shortly thereafter August Knoechelmann died, and no compensation whatever was paid to the appellee. It is now insisted for the appellant (1) that the contract with appellee imported an obligation on him to procure a compliance by the bishop with the conditions on which...