Masters v. Mayes

• Decision Date: 28 October 1910
• Citation: 92 N.E. 945,246 Ill. 506
• Parties: MASTERS et al. v. MAYES.
• Court: Illinois Supreme Court

246 Ill. 506

92 N.E. 945

MASTERS et al.

v.MAYES.

Supreme Court of Illinois.

Oct. 28, 1910.

Appeal from Circuit Court, Peoria County; T. N. Green, Judge.

Suit by Bertha V. Masters and another against Nellie V. Mayes. From a decree for plaintiffs, defendant appeals. Affirmed.

M. J. Daugherty and Mansfield, Cowan & Boulware, for appellant.

Cameron & Cameron, for appellees.

COOKE, J.

The appellees herein, Bertha V. Masters and Ollie M. Coons, filed their bill of complaint in the circuit court of Peoria county, to the September term, 1909, against the appellant, Nellie V. Mayes, and one Daniel D. Brengle, to set aside a deed made by said Brengle to Nellie V. Mayes for an undivided one-half interest in certain real estate in the city of Peoria known as 711 Bradley avenue, and to establish a resulting trust in said undivided interest in favor of appellees. The defendants answered the bill denying the material allegations thereof and filed a plea setting up the statute of frauds, and Nellie V. Mayes filed a cross-bill for the partition of the premises. The cause was referred to the master, who heard the evidence and returned the same into court with his report finding the issues upon the bill and cross-bill in favor of appellees and that Daniel D. Brengle held his title to the premises in trust for the use of Ollie M. Coons, recommending that the deed of conveyance from Brengle to Mayes be set aside and that the cross-bill be dismissed. A decree was entered in accordance with the master's findings and recommendations, and Nellie V. Mayes appealed therefrom to this court.

Daniel D. Brengle, who died after this appeal was perfected by Nellie V. Mayes, was during his lifetime a resident of Winchester, Scott county, Ill. He was the father of appellee Ollie M. Coons and appellant Nellie V. Mayes and the grandfather of appellee Bertha V. Masters, the latter being a daughter of Ollie M. Coons. During the spring of 1900 Mrs. Coons and her daughter, Bertha V. Masters, determined to purchase a lot in the city of Peoria and erect a house thereon as a home for the family of Mrs. Coons. Brengle offered to give Mrs. Coons $1,200 to apply on the purchase of the lot and the erection of the house if Bertha V. Masters would furnish the balance of the money required for that purpose, but insisted that the title to that portion of the premises to be paid for with the $1,200 furnished by him be taken in his name as trustee for Mrs. Coons, giving as a reason therefor that he wanted it fixed so that the property could never be taken for debts incurred by Mrs. Coons or her husband. In accordance with this arrangement, a lot in the city of Peoria was on March 17, 1900, purchased from Wilbur C. Alvord, who made and delivered a deed conveying to Daniel D. Brengle an undivided five-seventeenths thereof in trust for the children of Ollie Coons for and during her natural life and at her death to be equally divided among her children, and to Bertha V. Masters the remaining twelve-seventeenths thereof. A house was thereafter erected upon the lot, the total cost of the entire property amounting to about $4,650, of which Brengle furnished $1,200 and Bertha V. Masters about $1,450, and the balance, amounting to $2,000, was borrowed and secured by a mortgage upon the property executed by Daniel D. Brengle individually and Bertha V. Masters. Subsequently Bertha V. Masters purchased an adjoining strip of land for $115, the deed to which was taken in her name. These premises are referred to in the record in this case as 604 Bradley avenue. Subsequently, by a proceeding in court, the deed from Alvord, so far as it affected the interest of Brengle as trustee, was set aside on account of a mistake of the scrivener, and a new deed correcting the error was made under order of court, conveying the undivided five-seventeenths of the property to Brengle in trust for Ollie M. Coons, with power to Brengle, as such trustee, to convey the premises when so requested by the cestui que trust. On or about August 22, 1904, Mrs. Coons and Bertha V. Masters determined to sell these premises, purchase another lot, and erect a less expensive house thereon. They consulted Brengle about the matter, and he consented to and advised such course. They sold the premises at 604 Bradley avenue for $4,550, and purchased another lot on the same street for $700. Brengle refused to...