Lynn v. Coates, 36360.

• Decision Date: 03 July 1940
• Docket Number: No. 36360.,36360.
• Parties: LYNN v. COATES.
• Court: Missouri Supreme Court

142 S.W.2d 1014

LYNN v. COATES.

No. 36360.

Supreme Court of Missouri, Division No. 2.

July 3, 1940.

Rehearing Denied September 10, 1940.

Appeal from Circuit Court, Pemiscot County; Louis H. Schult, Judge.

Action in equity by Alice Lynn and others against Onie N. Coates to cancel a deed. Judgment for plaintiffs, and defendant appeals.

Reversed, and cause remanded, with directions.

George Smith, of Kennett, for appellant.

Von Mayes, N. C. Hawkins, and Corbett & Peal, all of Caruthersville, for respondents.

COOLEY, Commissioner.

This is an action in equity to cancel a deed to about 237 acres of land in Pemiscot County, made by Charles M. Coates (now deceased) on September 25th, 1935, conveying said land to his then wife, the defendant-appellant, Onie N. Coates. Mr. Coates died October 26th, 1936, leaving no descendants. The plaintiffs, respondents, are his two nephews and three grandnieces, and are all of his collateral heirs. This suit was filed August 4th, 1937. The circuit court found for the plaintiffs and rendered judgment accordingly, canceling the deed, and defendant appealed.

The grounds relied on by plaintiffs for setting aside the deed were lack of mental capacity of the grantor and that the deed was procured by undue influence and "undue activity" on the part of the grantee.

Coates had been married three times. His first wife, Mattie, was a sister of the last wife, Onie, but much older. Onie was a mere child when Coates married Mattie. Said Mattie lived only a short time, two or three years, after her marriage to Coates. She does not seem to figure in this case except to show that Coates had known Onie since her childhood. After said Mattie's death Coates married Alice Johnson. She is frequently referred to in the record as Alice and for convenience we shall so designate her. When necessary to refer to plaintiff, Alice Lynn, (niece of Coates) we shall distinguish her from the wife, Alice.

Coates was illiterate, being unable to read or write, or even to sign his name except by mark. But one of plaintiffs' witnesses, a Mr. Warren, who had known him well, testified he had "horse sense" and was regarded as a successful farmer and business man. He must have been to have accumulated the property he had, which he appears to have done through his own efforts. We find no substantial evidence in the record contradictory of Warren's estimate of Coates' ability during the time he was accumulating this property. It is true the evidence indicates, in a somewhat fragmentary way, that Alice would frequently, perhaps usually, accompany her husband on business trips and aid him in making accounts and settlements with tenants, paying his taxes, etc. She appears, from what little evidence there is regarding her, to have been better educated than he and to have been a good and loyal wife. It is shown that Mr. Coates had some sort of impediment in his speech, and (possibly because of that) seems to have been rather "shy" and "retiring," —"inclined to be a silent man,"— "a man of very few words, didn't talk very much about anything," particularly with people with whom he was not well acquainted. (This was Warren's testimony, corroborated in effect by that of other witnesses.) So, while it seems Alice would sometimes, perhaps frequently, accompany and aid her husband in looking after his business interests it does not appear and does not seem to be contended that she dominated or attempted to dominate him or that the accumulation of his properties was due to her business acumen rather than to his.

In 1916, while Alice lived, Coates made a will, which is in evidence, leaving everything to her except a nominal bequest of $1 each to his nephews and grandnieces (plaintiffs). There is no evidence that he was not then mentally competent and free from undue influence.

Alice died about February 2nd, 1934. During the years intervening between Coates' first marriage and the death of his second wife, Alice, defendant Onie had grown up and had married a Mr. Nolen, who died about 1932. During that time friendly relations subsisted between Coates and his wife, Alice, and the Nolens. When Alice died Mrs. Nolen, then a widow, was operating a small store at Kennett, about 25 miles from Coates' home. When Alice died Mr. Coates was not in good health physically and had no one to care for or assist him. He sought marriage with Onie. She consented and they were married April 7th, 1934.

About October 13th, 1934, Coates made a quitclaim deed conveying to his wife, Onie, all of his real estate, and also made a new will, which was copied from the 1916 will, the only change being to substitute Onie's name for that of Alice, the effect being to make Onie sole beneficiary except for nominal bequests of $1 each to the nephews and grandnieces. These papers were drawn up by a notary, Mr. Jones. Jones testified that Mr. and Mrs. Coates came to his office and "she explained in a general way what they had come for,"—said "Uncle Charley (Coates) wanted some notary work." * * * "He had an impediment in his speech. * * * Uncle Charley didn't do much talking except when talked to—he would nod his head. When I would ask him a question she would answer and he would nod his head. * * * Mr. Coates was present in hearing when Mrs. Coates explained what they came in for; they were both in the office at the same time." It appears the description of lands in this deed was copied from several old deeds. Jones asked Coates why it was necessary to make a will and "he referred back to the old will and said some lawyer had told him he was an old man. * * * I read it over back and forth. * * * As far as I can remember the only change was the name of the beneficiary of the will and the dates." (Note: We gather from the record there is a contest of this will pending, though that fact, if a fact, does not appear to affect the present suit.) Mr. Jones further testified that Coates "indicated he knew what the will contained, and the deed. He was wanting all the other deeds put together on one piece of paper. * * * I understood at the time it was his wish that it be done that way." Jones further testified that he thought that at the time Coates knew and understood what he was doing and had mental capacity to understand the nature of the instruments he was executing. There is nothing in Jones' testimony to show that Mrs. Coates took any active part in these negotiations except as above pointed out. (Jones was plaintiffs' witness).

Later, about January 16th, 1935, Mrs. Coates deeded the real estate back to Mr. Coates. For details and reasons of this re-transfer we look largely to the testimony of plaintiffs' witness, Mr. Everett Reeves, an attorney and former member of the law firm of Ward & Reeves. From his testimony it appears that shortly before that date he had been consulted and employed by plaintiff, Alice Lynn, and her husband to institute proceedings to have Mr. Coates adjudged mentally incompetent. He had also been visited by some neighbors of Coates who had interested themselves in the matter. Mr. and Mrs. Coates, having learned of the threatened proceeding, went to see Mr. Reeves and wanted to know what could be done to stop it. Mr. Reeves told them that he would drop the proceeding if Mrs. Coates would deed the land back to Mr. Coates. She said she did not want any lawsuit and would deed the land back, which she did. In the conversation with Reeves Mrs. Coates asserted that Coates had deeded the land to her because he wanted to and he said "That's right." Reeves testified—"I talked to him (Coates) two or three times about this matter. I arrived at a conclusion about his mental condition from my observation of it. I should state that the most impelling cause of my conclusion was from what his neighbors said about him up at Wardell, including Dr. Denton, who is now dead." (He did not state what the "neighbors" or Dr. Denton had told him.)

In this connection we refer to the testimony of George Letner, a witness for plaintiffs, from whose testimony it appears that he was a friend and neighbor of Coates; that Coates seemed to be suffering from, or complained of, some head trouble, for which he had had an operation (some five or six years before his death); that after the operation he complained that his head hurt him; that "at times he seemed to be fairly normal but at times he was not * * * at times at wasn't like he was 20 years ago." * * * "He told me about two years before he died that he wasn't in good health like he would like since he had that operation." (Whether this alleged statement of Coates meant physically or mentally is not shown. Physically, it is clear he was not in as good health as he had been 20 years before.) Letner, having learned of the deed by Mr. Coates to Mrs. Coates, investigated, found that it had been made and recorded, and so informed Coates. He testified that Coates "fell to pieces," broke down, cried a little, said he had not done it, and asked him (witness) to take him to a lawyer, and he, with some other neighbors, did take Coates to Mr. Reeves. Letner said Coates wanted a guardian appointed; that he told Reeves he did not aim to deed his land away, "something like that." Such, briefly, seems to explain why "neighbors" of Mr. Coates went to see Reeves. Letner said that at times Coates was capable of attending to his affairs, at other times not. (No instances were given). His testimony indicates that while Alice lived she loyally aided Mr. Coates in transacting his business; that as landlord he did the leasing, but did not handle the selling of personal property "all by himself." Once, though, (after his last marriage) he sold a bunch of hogs to one Roy Dillard and handled the transaction "entirely by himself." (It may be interpolated this transaction appears from the record to have been well enough handled). The general impression obtained from Letner's testimony is that in his opinion in the last two or three years,...