Lampman v. Lampman

• Decision Date: 24 October 1902
• Citation: 91 N.W. 1042,118 Iowa 140
• Parties: LAMPMAN v. LAMPMAN ET AL.
• Court: Iowa Supreme Court

118 Iowa 140

91 N.W. 1042

LAMPMAN

v.LAMPMAN ET AL.

Supreme Court of Iowa.

Oct. 24, 1902.

Appeal from district court, Linn county; H. M. Remley, Judge.

Action in equity, asking that plaintiff be declared the owner in fee of a 40-acre tract of land, and that her title thereto be quieted against the claims of defendants. Affirmed.H. C. Printy and L. P. Main, for appellants.

Redmond & Stewart, for appellee.

WEAVER, J.

The plaintiff alleges that she is the widow of George Lampman, deceased, and that she was the beneficiary of insurance upon the life of her said husband to the amount of $2,000; that the defendant T. D. Lampman, who was her husband's brother, and the executor of his will, received said sum; that thereafter the land in controversy was purchased for her benefit with said money, but that said T. D. Lampman, instead of having the deed made to plaintiff, fraudulently caused it to be made to his own wife; that thereafter he pretended to have his wife execute a conveyance to plaintiff, who, relying upon his statements, and reposingconfidence in him, accepted such deed believing it to convey to her the full title to the property, but that since the delivery of the instrument, and within a few months prior to the commencement of this action, she discovered that the conveyance was of a life estate only, with remainder to her children; that she is ignorant and inexperienced in business matters, and acted upon the advice and representation of said T. D. Lampman as the manager of her affairs, who concealed from her the fact that she was receiving anything less than a title in fee to the land. The defendants admit the conveyances mentioned by plaintiff, and that the land was purchased with the proceeds of the insurance upon the life of plaintiff's husband, but deny all allegations of fraud and misrepresentation. They also plead the statute of limitations, and say that the purchase of the land and the manner of taking the title thereto was done with plaintiff's consent, and in pursuance of a request to that effect in the last will of plaintiff's husband. At the time of the death of George Lampman, he was the owner of an 80-acre farm, which was considerably incumbered. By the terms of his will he directed that the proceeds of his life insurance should be used in paying off the incumbrance on the farm, and that his wife have the use of the property for life. Indorsed upon the policy was the following writing: “I agree to carry out my husband's will in regard to the payment of proceeds of policy No. 9,063 in the Iowa Legion of Honor. Sarah Jane Lampman.” But the date when such indorsement was made is not stated in the record. As the policy was payable to plaintiff, it was manifest that her husband could not, by his will, dispose of it, or control its use in her hands, save as she might voluntarily surrender her rights therein. Much of the testimony as to the course of dealing between plaintiff and T. D. Lampman after the death of George Lampman is quite conflicting, but it is conceded that T. D. Lampman acted as the executor of his brother's will, that he received the money due plaintiff on the insurance policy, that he invested a part of it in the land in controversy, that the title to the land was at first taken in the name of his wife, and that...