Mays v. Mays
| Decision Date | 27 March 1936 |
| Citation | 263 Ky. 546 |
| Parties | Mays et al. v. Mays et al. |
| Court | United States State Supreme Court — District of Kentucky |
3. Cancellation of Instruments. — Evidence that grantor had sufficient mind to understand nature, force, and effect of contracts, that he was not unduly influenced, and that consideration for conveyances was performed, held sufficient to justify judgment denying cancellation of deed executed by grantor.
4. Cancellation of Instruments. — Proof should be clear, substantial, and convincing to justify cancellation of instrument.
5. Appeal and Error. — Chancellor's finding supported by evidence will not be disturbed on appeal, although doubt may exist in mind of reviewing court as to soundness of chancellor's conclusion.
Appeal from Laurel Circuit Court.
WM. LEWIS for appellants.
H.C. CLAY for appellees.
Affirming.
The appellants here, sixteen or more in number, are sons and daughters (with their respective spouses) and grandchildren of Patrick Mays, deceased, while the appellees are the son and daughter-in-law; this son being of a second marriage of the father.
By the petition it was sought to cancel a deed to real estate and a written contract conveying personal property to the son Otis; the grounds of attack being that at the time of the execution of the documents Patrick Mays (the father) was not of sufficient mental capacity to contract; that if he was of such capacity he was unduly influenced; and that there was a want of consideration, which we take to mean that grantee had not performed the services which constituted the moving consideration. The pleadings, in all, properly presented an issue on the above points.
On the trial of the case, the chancellor, viewing the pleadings, exhibits, and proof, denied the claim of appellants and held that Otis had title to the real estate under the deed and was entitled to the personal property under the contract. It is here contended that the proof warranted a contrary finding.
From the mass of proof we learn that Patrick Mays was married three times. There were eight or nine children born of the first marriage, boys and girls; one child, Otis, born of the second marriage; no children were born of the third. Otis' mother died in 1918, as best we can gather from the record. Otis lived with his father from birth until November, 1919, when his father married his third wife. Soon after this marrige, Otis moved to Lincoln county, thence to Hamilton, Ohio, thence to Indiana, and finally back to Hamilton, where he was living when his father (the third wife having died in the meantime) importuned him to cease wandering and come home and live with him. It is shown that after the death of the third wife, one Baker and members of his family had been living with Patrick Mays, but they were preparing to leave, and learning of this Otis sent his wife and child to the home of deceased, and in a short while, a week perhaps, he followed, and some time in November, 1929, they began life in the home of the father. Otis brought very little property when he returned to his father's house. He continued to live with his father until the latter's death some time in July, 1932.
The deed and contract, sought to be annulled, were both executed on November 18, 1931. The deed conveyed a described tract of land containing about 183 acres, the recited consideration being $1.00 cash in hand paid, and in consideration of services of the second party (Otis) "in taking care of the party of the first part, and for the further consideration of the care and keeping the party of the first part the remainder of his life." The personal property contract was executed in pursuance of a verbal contract between Otis and his father of November 16, 1929, in which it was stated that the father had promised to give Otis all personal property owned by him at this death, "as a part of the consideration for the care and keeping of the party of the first part during his lifetime," in addition to the grant of the real estate. The deed was duly acknowledged, and the contract was signed by both parties, attested by three witnesses.
In appellants' brief it is conceded that if on November 18, 1931, Patrick Mays "was of such mental condition as to know the nature of his estate, appreciate its value, his moral obligations to his children, and was able to make a rational survey of his properties, both contracts should be upheld, "unless, even if he was mentally sound, he was not unduly influenced." Taking this concession at face value, there is eliminated from consideration the question as to whether or not Otis rendered service to his father to such extent as would constitute consideration for the father's execution of the two documents.
The proof shows that the farm conveyed to Otis by his father was estimated by appellants to be of value from $3,000 to $5,000; by witnesses for appellee its value was estimated at from $1,500 to $3,000. The personal property, consisting of farming implements, etc., left at his death was of little value. It is shown that from October, 1929, up to September 15, 1931, deceased deposited at various times $688.62 in bank. It is not shown that he had this at his death. It seems to be fairly shown that in 1919 the father gave Otis a check for $250, which Otis paid on a farm in Lincoln County. It is also attempted to be shown that the father gave Otis $750 about the time of the death of Otis' mother. However, it serves no purpose to discuss how much Otis received in 1919; how much the farm was worth in 1931 or now; or the value of the personal property left by Patrick Mays, since under the pleadings the only question is whether or not the conveyances were voidable because of such alleged then existing disability on the part of Patrick Mays as would preclude him from validly contracting, or that he was unduly influenced to make the conveyance.
The depositions of some 29 or 30 witnesses were taken by appellants. Of this number 12 were children, grandchildren, sons, or daughters-in-law. Others were neighbors, who, like appellants, occasionally visited the old man in the years from 1928 to 1932: the latter being the year of his death. Reading the depositions it may be said that undisputed proof shows that Patrick Mays was about 84 years of age when he executed the challenged documents; that he suffered at times from colds, some slight asthmatic trouble, and for a long time from a severely aggravated affliction of eczema; the latter to such an extent as required constant attention to give him relief. We can also say that the proof shows that his eyesight was not any too good, and he was...
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