Lindsley v. Patternson

• Decision Date: 01 June 1915
• Docket Number: No. 17283.,17283.
• Citation: 177 S.W. 826
• Parties: LINDSLEY v. PATTERSON et al.
• Court: Missouri Supreme Court

177 S.W. 826

LINDSLEY v. PATTERSON et al.

No. 17283.

Supreme Court of Missouri, Division No. 1.

June 1, 1915.

Appeal from St. Louis Circuit Court; Leo S. Rassieur, Judge.

Action by C. Purdy Lindsley against Mabel Patterson and others. Judgment for defendants, and plaintiff appeals. Affirmed.

The plaintiff brought this suit in the circuit court of the city of St. Louis, to partition three several parcels of real estate, situate therein, valued at about $200,000. The trial resulted in a decree in favor of the defendants, and the plaintiff duly appealed the cause to this court.

The facts are few and undisputed, and but two legal propositions are presented which go to the heart of the controversy. The plaintiff, C. Purdy Lindsley, and Laura D. Lindsley, deceased, were husband and wife, at the time of the latter's death, who died seised in her own right of the lands in controversy, part of which was free from the marital rights of her husband and the remainder she held as her ordinary separate estate. Mrs. Lindsley died July 19, 1908, testate in the state of Connecticut, where she and the plaintiff then lived. At the time of and for some years prior to the time of the marriage of Laura D. Lindsley to the plaintiff, she was and had been the divorced wife of James L. Patterson, of the city of St. Louis, where he and she resided for several years. Upon her marriage to plaintiff they moved to New Haven, Conn., where they resided up to the date of her death, and he still resides there. There were no children born to Laura D. Lindsley by either of said marriages. In the year 1875 or 1876, while Laura D. Lindsley was the wife of James L. Patterson, she went to the city of New York and applied to the authorities in charge of a foundling institution, there located, for a child, for the purpose of adopting it. She was there shown a little girl about five years of age, named Mabel, the principal defendant in this case. The child had been in that institution from infancy, having been left in a basket at the door of the asylum. After numerous visits to the institution, Mrs. Lindsley was assured that "the child was born in lawful wedlock and was of the best blood in New York." After satisfying herself regarding the child and her ancestry, Mrs. Patterson agreed orally with the officers of the institution to adopt the child and to rear her in the Catholic faith. These facts are amply proven by the records of institution, made at the time, the testimony of the Sister Superior thereof, and the letter of Mrs. Lindsley set forth in the statement of the case informing Mabel that she was not in fact her own child. In pursuance to that agreement, she took the child to St. Louis and informed her husband of the agreement, and there she lived in the home of and with Mr. and Mrs. Patterson, as their own child. They treated her in every respect as a daughter, and the child called them father and mother, and she treated them as such, just as any child would have done. Mabel never knew she was not their daughter until after the death of Mrs. Lindsley, which occurred in New Haven, Conn. This fact was conveyed to Mabel by a letter written by Mrs. Lindsley to her some time prior to the former's departure for Europe on a pleasure trip, but not delivered to Mabel until after the death of Mrs. Lindsley several years later. Said letter was as follows:

"To be given to Miss Mabel Patterson if she outlives her mother Laura D. Lindsley. June 21st, 1897, 37 Elm street. My Dear Little Mabel, When you read this it will be like a voice from the grave—as I shall be dead—and you will know that you are not really my daughter; but dear child I could not have loved you more had you been my own daughter in flesh—as you are in love

"You came into my life when it was so empty of love or anything to make me good or pure— your little arms have often proved stronger than iron chains to keep me from desperation; my deep lave and devotion has never weakened that I felt for you—little helpless baby—from almost the first day I saw you (Sept. '75) fearing some one might tell you the truth, and you love me less—after my divorce from Mr. Patterson I felt I bad perhaps done wrong not to tell you the truth, the relief to you of knowing you were not his child might have been great—but I had not the courage—I don't know your true name—`Sister Irene' of the Foundling Asylum, in New York would not tell me—but by her letters in the Safe Deposit Box you will see your parents were married—and she assured me you were of the best blood in New York State—I have left you in my Will' as you were in my heart, my dearly beloved and only child—left you such a share in my estate—enjoy the benefits little daughter—for Grandma Hunt from whom it all came approved of you and my taking you into my heart and home. She did the same thing once.

"Think of me as your Mother dear child, for as such I loved, guarded and cherished you—If from beyond the grave spirits can continue their protection over those they love—I shall often be near you. Be to my mother a daughter and granddaughter in one. Can you not remain with her giving her the care I should have clone —You have sufficient income dear for all your wants. I should have written this years ago— and now upon the eve of my departure for Europe I feel I must not delay—one never knows what may happen during such a trip. There is nothing I can say to comfort you—or guide you through life. You have been my comfort and joy during dark and dreary days; may God bless you my dear little daughter—giving you a bright and happy life, and at its end I hope to see you

                   "Your loving mother, Laura D. Lindsley."
                

There is no evidence preserved in this record which tends to show that James L. and Laura D. Patterson, his wife, ever formally adopted Mabel Patterson as their child, as provided for by the statutes of this state. After the marriage of Mrs. Patterson to C. Purdy Lindsley, the plaintiff Mabel continued to live with them as she had formerly done with Mr. and Mrs. Patterson, and with Mrs. Patterson after her divorce from him, and at all times they treated each other as mother and daughter. At the time of the death of Mrs. Lindsley she owned some real estate in New Haven, worth about $30,000, her homestead, and about $5,000 in money, notes, etc., besides household goods and kitchen furniture, as well as some jewelry, heirlooms, etc., the value of which is not shown. The devisees mentioned in the will were her brothers and sisters and their children, husband, the plaintiff, and Mabel Patterson, the alleged adopted daughter.

The will of Mrs. Lindsley, formal: parts omitted, was as follows:

"I, Laura D. Lindsley, of New Haven, Connecticut, make this, my last will, as follows: "First. I give and bequeath to my sister, Margaret Stevenson, my cameo set of brooch and earrings and my gold rimmed lorgnettes; to my sister, Kate A. D. Kershaw, my square diamond and my ruby ring and my gold lorgnettes, set with diamonds; to my niece, Margarite Stevenson, my old pearl set, consisting of necklace, with cress, brooch and earrings; to my niece, Madeleine Kershaw, my brooch is shape of crown and sceptre, set in diamonds, rubies, pearls, etc.

"Second. I give and bequeath to my husband, C. Purdy Lindsley, all my furniture, not specifically given elsewhere in the will, together with all furnishings, books and pictures, not otherwise disposed of herein, and all my silver except that hereinafter given to Mabel Patterson, also my large solitaire diamond ring.

"Third. I give and bequeath to the girl, called Mabel Patterson, whom I have always treated as my daughter, the mahogany bedroom set in her room in the house, No. 37 Elm street, New Haven, and such other pieces of furniture and such pictures in said house, as she may select; also all my silver marked M. L. D., together with all my furs, wearing apparel and laces, my solitaire diamond earrings and pin, my lorgnettes, set with amethyst, and chain, set with amethyst and jade, my long coral chain of beads, my sapphire and diamond ring, my pearl and diamond earrings, together with all my other jewelry, not specifically given elsewhere in this will, and all my personal effects. It is my wish that said Mabel give to my cousin, Mary Agnes Cleveland, a piece of my jewelry, and to my cousin, Margaret D. Turner, also, a piece of my jewelry, as a souvenir; each piece to be selected by said Mabel.

"Fourth. I give, devise and bequeath to my husband, C. Purdy Lindsley, all the rest of my estate, of whatever nature and wherever situated, to have and to hold the same, in trust, however, as follows: I will and direct that fifty-seven per cent. of the net income thereof be paid over to said Mabel Patterson, in quarterly Payments, so long as she shall live; and the other forty-three per cent. of the net income thereof, I give and bequeath to my said husband, the same to be paid quarterin during his life, or, should he remarry, then only so long as he shall remain unmarried. The reason I make this discrimination in the amounts given to my said husband and said Miibel, is that my said husband will, upon the death of his mother, receive his portion of his father's estate, and he will thereby be put more nearly upon an equality with said Mabel. In case my said husband shall die or marry again, before the death of said Mabel, then said trust as to him shall cease, and I give and bequeath the forty-three per cent. of the net income herein-before given to him, to said Mabel, during her life, so that she shall then have all of said net income so long as she shall live.

"If said Mabel shall die before ray said husband, or before his remarriage, as the case may be, then 1 give and bequeath the fifty-seven per cent. of the net income hereinbefore given to her, to my sister, Kate A. D. Kers law, so long as my said husband shall live, or remain unmarried, as the case may be; or if she shall have died before said Mabel, then I give and...