McKissock v. Groom

• Decision Date: 07 March 1899
• Citation: 50 S.W. 115,148 Mo. 459
• Parties: McKISSOCK et al. v. GROOM et al.
• Court: Missouri Supreme Court

50 S.W. 115

148 Mo. 459

McKISSOCK et al. v. GROOM et al.

Supreme Court of Missouri, Division No. 2.

March 7, 1899.

DEEDS — EXECUTION — UNDUE INFLUENCE — MENTAL INCAPACITY.

1. In passing on undue influence in the execution of a deed, the relation of the parties, the grantor's mental condition, and the character of the transaction will be considered.

2. Deeds of land from a father to sons, in preference to daughters, to whom he made gifts of money, cannot be set aside for undue influence where the only matter influencing preference of his sons was the greater love and affection he had for them, because they had worked and improved the land, and taken care of him and his wife.

3. A grantor's conveyances of land to his sons in accordance with a purpose which he had often previously expressed, and with which he afterwards expressed satisfaction, was made shortly after he was stricken with paralysis, and while he was very feeble and weak and infirm from old age, but intellectually unaffected. He gave directions for their preparation, gave the descriptions of the various tracts conveyed, by metes and bounds, and arranged with his sons for payments to his daughters in consideration for the deeds; and about six months later, when his capacity was unquestioned, he made his will, in which he alluded to the deeds as having been executed as he always intended. Held, that they would not be set aside for want of capacity.

Appeal from circuit court, Moniteau county; D. W. Shackleford, Judge.

Suit by Amanda McKissock and others against Valentine and Thomas M. Groom. The bill was dismissed, and plaintiffs appeal. Affirmed.

This is a suit by the daughters and grandson of William B. Groom, deceased, against his two surviving sons, Valentine Groom and Thomas M. Groom, to set aside and cancel certain deeds executed by their father to them, by which he conveyed to them all of his land. The grounds upon which the deeds are sought to be set aside are the want of mental capacity upon the part of William B. Groom to make the deeds, and that they were obtained by undue influence on the part of the defendants. On August 21, 1893, William B. Groom had a stroke of paralysis, in consequence of which he was of helpless and unable to talk for some time thereafter. His physician testified that he "was suffering from incomplete paralysis, — not able to speak, but could probably recognize"; that, in his opinion, it "did not affect the intellectual part of his brain; that it was Bell paralysis, and implicated the fifth pair of nerves, which supplied the voice; that this condition was the same on the 23d of August, and much improved on the 11th of September, and his mind was all right." The deeds in question were executed on the 25th day of September, 1893. They were prepared by L. F. Wood, an attorney, and by the clerk of the circuit court of the county, who went to the home of the grantor, six miles in the country, at his request, conveyed by one of the defendants, to prepare them. They had been sent for by him for the same purpose a short time before, but were unable to go; and when they did go they found him in bed, but able to transact business. Then, after a general conversation, in which he engaged, he informed them that he had sent for them to prepare deeds dividing his land between his sons, whom he told to get his deeds. He informed Wood and Taylor what he wanted done, and gave them the metes and bounds of the tracts that he wanted to convey to his sons, respectively, and said that he would require his boys to pay to each of his daughters and grandson $500, making $2,000 in all; he did not want to divide the land equally, as he had theretofore deeded 80 acres to Line; he had given the girls some money, and said he intended to give them $500, and expected the boys to give them $500 more making $1,000 apiece for the girls, besides some other property. He named the consideration in Line's deed at $2,000, and Tom's (he having received no land) at $800 more. He designated the land conveyed to each one of the boys, without suggestion from anybody. Defendants were present at the time, and something was said about the amounts due the girls, and their father replied that he meant for each of the girls and his grandson to receive $500; he wished to keep control of things as long as he lived, and wanted this understanding reduced to writing. He was then about 80 years of age. The land conveyed to these defendants on September 25, 1893, and 80 acres theretofore conveyed to Valentine by his father, was at the time of the trial of this case in the court below of the estimated value of $12,000 or $14,000. Valentine was the oldest son. When he married he moved upon the 80-acre tract given to him by his father. Thomas was the youngest child, and lived with his father until the latter's death, which occurred May 14, 1894. He married September 13, 1893, and took his wife home. At that time his father was unable to sit up or help himself, and had to be fed with a spoon, like a child. His mind was weak, and at times he did not recognize members of his own family. Instead of signing his name to the deeds, he was too nervous and weak to do so, and made his mark. William B. Groom was an affectionate father, and it was in evidence that he had said that he intended to divide his property equally among his children and grandson. His daughters all married and left home between the ages of 18 and 21, and, after they learned that he had conveyed his land to the defendants, one of them told him that they were dissatisfied, when he seemed very much hurt, and cried. He, however, told Buford Bybee, an intimate friend, that his reason for dividing the land between the boys was that they had worked it and improved it, and had helped to care for him and his wife, and he did not think it right to give their work to the girls. This witness also stated that his mind was then unimpaired. About December 1st, after the deeds were made, he was in the town of California, in said county; and in a conversation with P. M. Taylor, clerk of the circuit court, he asked if the parties had been inquiring about the deeds, and, being informed that they had, he replied that he could not help it, if they were dissatisfied; that it was the way he wanted it. In April, 1894, he concluded to make a will, and again sent for Taylor and Wood. Taylor at first declined to go, on account of the dissatisfaction on the part of some of the children, but, upon being urged to do so, consented. Taylor and Wood were at the house and in his company at that time two or three hours. Taylor says that he thought Mr. Groom's mind was in good condition at that time. The will was drawn and duly witnessed on the 20th of April, 1894. He referred in it to the deeds that he had made to his sons, and to the fact that, as a consideration for said conveyances, the boys were to pay $500 to each of the other heirs. He also specially directed that there should be included in the will a statement that he had always intended that the boys should have a larger amount of his estate than his daughters, and the will so declares. He at that time told Messrs. Wood and Taylor "that some of the children were not satisfied with the disposition he had made of his property," and he feared trouble; "that he wished to fix up matters as far as...