Meyer v. Arends

• Decision Date: 09 January 1906
• Citation: 126 Wis. 603,106 N.W. 675
• Parties: MEYER v. ARENDS ET AL.
• Court: Wisconsin Supreme Court

126 Wis. 603

106 N.W. 675

MEYER

v.ARENDS ET AL.

Supreme Court of Wisconsin.

Jan. 9, 1906.

Appeal from Circuit Court, Ozaukee County; James J. Dick, Judge.

Action by Andrew Meyer, as administrator of the estate of John Meyer, deceased, against John Arends and others. From a judgment in favor of defendants, plaintiff appeals. Affirmed.

John Meyer, of the town of Fredonia, Ozaukee county, died April 28, 1902, at the age of 82, leaving, him surviving, his widow and the following children as his only heirs at law, namely: The plaintiff, Andrew Meyer, Michael Meyer, Joseph Meyer, Frank Meyer, Charles Meyer, Elizabeth Eder, and the defendants, Theresia Arends and John Meyer. This action was commenced in August, 1903, by the plaintiff, as administrator of the estate of John Meyer, deceased, against the defendants, a son-in-law, daughter, and son of decedent, to compel an accounting and discovery of property claimed to belong to the estate of John Meyer, deceased, in the hands of the defendants and alleged to have been obtained by them through fraud, and for a delivery of such property to the plaintiff as administrator of said estate. The complaint alleges that in April, 1893, the deceased transferred to his son, Frank Meyer, his farm worth about $6,000 and personal property thereon of the value of about $1,000, Frank agreeing to pay to each of his brothers $150 and to his two sisters $200 each, which sums he paid before the commencement of this action; that deceased, at the time he deeded said farm to Frank, reserved to himself and his wife three rooms in the dwelling house on said farm for the term of their natural lives, and the use of a part of the garden, and took a bond from Frank in the sum of $1,000 to secure himself and wife in the enjoyment of said rights; that after the disposal of said farm to Frank he still had property amounting to about $40,000; that the defendants, for the purpose of getting possession of the money and property of deceased for themselves and preventing the other children from receiving any share thereof, fraudulently entered into a conspiracy to carry out such scheme; that the defendants in pursuance of said scheme induced the deceased to leave the rooms occupied by him on the farm deeded to his son Frank and go to live with the defendants John and Theresia Arends, where they lived for a few weeks, and thereafter were taken by defendants to live with defendant John Meyer, with whom they remained until April, 1898; that about the last named date defendants, who exercised undue influence over deceased, and to better accomplish the fraudulent purpose of getting possession of his property without consideration, induced deceased to build with his own money an addition to the dwelling house of defendant John Arends at an expense of about $500, and which deceased occupied until his death; that the defendant Theresia Arends exercised undue influence over deceased and he became in great fear of her and defendant John Arends and their family; that deceased was mentally incompetent to do any business during the month of April, 1902, and that during said month had in his possession and belonging to him $20,000 in money, besides other property in the shape of notes, mortgages, and securities; that in April, 1902, and when deceased was mentally incompetent to do any business, the defendants fraudulently persuaded and induced him to make a pretended gift of all his property, money, and securities to them, and that said money and securities were then taken away by defendants; that within two years before the death of deceased the defendants, by means of undue influence and in carrying out their fraudulent scheme, induced deceased to pay out of his money a mortgage amounting to about $3,500 on property owned by defendant John Arends; that by such undue influence said defendants induced deceased to give them other large sums of money or securities, which plaintiff believes to amount to upwards of $5,000; and that all of said property, money, and securities were obtained by defendants as a result of such fraudulent scheme and purpose, and by virtue of duress and undue influence. The answer denies the material allegations of the complaint. The case was tried upon the issues raised, and the court found in favor of defendants, and ordered the complaint dismissed upon the merits with costs. From the judgment entered in favor of defendants this appeal was taken.P. O'Meara and John E. Uselding, for appellant.

Simon Gillen and Joseph W. Collins, for respondents.

KERWIN, J. (after stating the facts).

The controlling question on this appeal is whether the findings are supported by the evidence. The court found, in effect, the relationship of parties, the transfer of the farm and personal property by deceased to his son Frank; that decedent reserved a life estate for himself and wife in the dwelling house upon the farm conveyed to Frank; and that the conduct of Frank caused decedent and his wife to abandon the premises in 1897; that they lived with defendant John Meyer until the spring of 1898, when they went to live with defendant John Arends, where they continued to live until the death of decedent; that defendant John Arends erected an addition to his dwelling house for the use of decedent and his wife; that in October, 1897, decedent made a will by which he...