Lutz v. Rohn

• Decision Date: 03 November 1911
• Citation: 132 N.W. 1074,167 Mich. 318
• Parties: LUTZ v. ROHN et al. SPANIER et al. v. SAME.
• Court: Michigan Supreme Court

167 Mich. 318

132 N.W. 1074

LUTZ

v.ROHN et al.

SPANIER et al.

v.SAME.

Supreme Court of Michigan.

Nov. 3, 1911.

Appeal from Circuit Court, Wayne County, in Chancery; Joseph W. Donovan, Judge.

Actions by Marie Lutz and by Anna Spanier and another against Mary Rohn and others. From a decree in favor of complainants in each case, defendants appeal. Reversed, with directions to dismiss.

Argued before MOORE, BROOKE, McALVAY, BLAIR, and STONE, JJ. James H. Pound, for appellant Rohn.

Schmalzriedt, Spaulding & Herald, for appellees.

MOORE, J.

The two bills of complaint in these cases were filed to set aside conveyances made by the late Joseph Rohn, who died December 29, 1909, to the defendant Mary Rohn, his wife, on the ground of fraud and undue influence. Complainant Mrs. Marie L. Lutz was a stepdaughter of Joseph Rohn, and up to about the time of his marriage to defendant, September 16, 1909, was named as the beneficiary of two fraternal insurance policies on his life, one for $1,000 in the Schiller Bund and one for $500 in the German order of Hari Gari. These certificates were surrendered by him and new certificates issued in favor of defendant Mary Rohn in September, 1909. The bill prays that the reissued certificates be set aside, and that the complainant as beneficiary in the original certificates be declared entitled to the proceeds of the insurance. The complainant Mrs. Anna Spanier is the daughter, and Frederick Rohn, who was originally made a defendant, but afterwards, by order of the court, joined as a co-complainant, the son, of Joseph Rohn, and the two, together with defendant as widow, are his only heirs at law. Joseph Rohn was the owner of a house and lot on Brandon avenue in the city of Detroit. On September 16, 1909, the day of his marriage to defendant Mary Rohn, he executed a deed of the real estate to defendant Charles P. Grosfield, who immediately reconveyed to Joseph Rohn and Mary Rohn, his wife, as tenants by entireties. Mr. Grosfield disclaims any interest in the property. The bill prays that the deeds be set aside, and the property decreed to belong to the estate of Joseph Rohn. The grounds of both bills and the evidence in support of them being identical, the two cases were consolidated at the trial and heard together. The circuit judge granted a decree according to the prayer of the bills of complaint. The case is brought here by appeal.

The deceased, Joseph Rohn, at the time of his marriage to the defendant Mary Rohn was 57 years of age. She was 10 years younger. He was born in Prussia, and had lived in Detroit 17 or 18 years. His first wife was the mother of Mrs. Spanier and Frederick Rohn. His second wife was a widow with six children by her former husband, one of whom was Mrs. Lutz. After the death of his second wife in February, 1908, Mr. Rohn made his home with Mrs. Lutz until about September 1, 1909. In July or August, 1909, he became acquainted with the present Mrs. Rohn, who had twice before been married, and was a divorced woman with seven children by her first husband. All of these children lived with her at her home, which was directly in the rear of the home of Mrs. Lutz; only the alley being between the two properties. The defendant Mary Rohn was also a native of Prussia. The evidence indicates that some differences arose between Mrs. Lutz and her stepfather Joseph Rohn, and he commenced to live at the home of Mary Rohn, who also had at least one other boarder besides her grown children. About the 1st of September Mr. Rohn and the defendant became engaged and were married before a magistrate on September 16th. It had been their plan to be married on September 14th, but it is claimed the defendant had trouble in having her wedding outfit ready at that time. Plans had been made for a wedding celebration on September 14th, and, as the food and other refreshments had been prepared, the wedding celebration was held at that time.

It is the claim of complainants that Joseph Rohn was plied with intoxicating liquors at that time, and that Mrs. Rohn also became intoxicated, and that while he was in that condition the transfers of the certificates of insurance and of the real estate were made. In December Mr. Rohn was taken ill, and on the 14th of that month a doctor was called. He made two or three visits, but found nothing serious the matter. Mr. Rohn was not able to go to his work, but was about the house. On the morning of December 29th, when Mrs. Rohn, who was busy with her washing, her invalid son John, and her husband were all in the kitchen, Mr. Rohn complained of not feeling well, and went into the bedroom. Shortly thereafter it is the claim of Mrs. Rohn that she went into the bedroom, and that Mr. Rohn's appearance was such as to greatly alarm her, and that, as her son was not able to go for the doctor, she did. When the doctor arrived, Mr. Rohn was dead. The doctor thought he discovered indications of diluted carbolic acid poisoning, and the coroner was notified. An inquest was held in the presence of the assistant prosecuting attorney. The county physician and the coroner were of the opinion that there was carbolic acid in the stomach of the deceased. The stomach was removed by the doctor, and sent to Dr. Clark for analysis. Dr. Clark was not sworn as a witness. The result of the analysis is not shown. the analysis was not introduced in evidence. The record is silent as to the verdict of the coroner's jury, and it does not appear that any arrests were made. There is nothing in the record to show that the relations of Joseph Rohn and the defendant were meretricious before their marriage.

It is the claim of the complainants that defendant Mary Rohn by her dominating will secured the conveyances which they seek to set aside, and that she then slowly poisoned her husband by administering to him carbolic acid in the whisky he drank, and caused his death. These are grave charges, and, before they are sustained, should be based upon some substantial proof. There is testimony on the part of complainants that Mr. and Mrs. Rohn sometimes drank more than was good for them, and that he sometimes became drunk, and that Mrs. Rohn urged him at times to drink. No proof is given that Mrs. Rohn ever asked him to make these conveyances, or that he did not make them on his own motion, except the testimony of one woman who was living apart from her husband, who testified as follows: ‘When I went in, Mrs. Bruski asked me if I had any money for a can or a bottle. Q. You mean Mrs. Rohn? A. I said I did not have any money, and she said, ‘Have you got 10 cents?’ and I said, ‘I have 10 cents if you want it. I will give it for beer, and not for whisky.’ And her daughter Anna went and got a can of beer and a bottle of whisky, and then she was telling me the story about her having, how many husbands she had, and she told me she had had Mr. Bruski, and she said she was not satisfied...