Meyer v. Jacobs

• Decision Date: 06 July 1903
• Docket Number: 717.
• Citation: 123 F. 900
• Parties: MEYER v. JACOBS et ux.
• Court: U.S. District Court — District of Nevada

123 F. 900

MEYER v. JACOBS et ux.

No. 717.

United States Circuit Court, D. Nevada.

July 6, 1903

W. E F. Deal and Torreyson & Summerfield, for complainant.

Charles W. Slack, Cheney, Massey & Smith, and Thomas Wren, for defendants.

HAWLEY District Judge.

This is a suit in equity to set aside (I) a deed of conveyance of certain real estate situate in Reno, Nev., executed by Dora Lachman to Phillip Jacobs; (2) an assignment of insurance policies and the transfer of a note and mortgage to Phillip Jacobs in trust for her daughter Sylvia Jacobs; and (3) a bill of sale or assignment or transfer of all her personal property effects, jewelry, money in bank, stock, bonds, furniture, and securities of every kind and nature whatever, to her daughter Sylvia Jacobs-- upon the ground of the mental infirmities of Mrs. Lachman at the time of their execution, and of undue influence of the defendants during her illness.

Mrs Dora Lachman was the widow of Benjamin Lachman, deceased, from whom she inherited certain property, of the value of about $30,000. She had two daughters, both married-- Ettie Meyer, wife of Emil Meyer, complainant, and Sylvia Jacobs, wife of Phillip Jacobs, defendants herein. She died July 27, 1901, in San Francisco, Cal., aged 60 years. Her daughter Ettie was then 40 years of age. Sylvia was 20 years of age.

The deed of the real estate was executed and duly acknowledged July 8, 1901, in the presence of Morton R. Gibbons, George T. Knox, and Millie T. Barnett. The assignment of the insurance policies was executed and acknowledged on the same day. The transfer of the personal property was signed July 26th, the day before her death, in the presence of James Watt and George T. Knox. In the deed was a clause expressive of the uses and purposes of its execution, viz.:

'To hold the same during the term of my natural life paying over to me during my life all the rents, issues and profits thereof, and upon my death the said property shall go to and my said trustee, Phillip Jacobs, shall convey the same, (if law shall require any conveyance) to the following persons, viz. to my daughter, Sylvia, the south one-half of Block 'O'. If at the time of my death my said daughter shall have any other child than her present issue, Newton Nevada Jacobs, the said south one-half of Block 'O' shall go to said Newton. If she shall have more than one child it shall go to her children in equal shares. If she shall have no other issue living, said property (south one-half of Block 'O') shall go my said daughter. All the rest, residue and remainder of my property above described shall go to and be paid over upon my death without administration of any kind to my said daughter, Sylvia.'

The peculiar and unpleasant fact was brought out upon the trial that the opposing sisters prior to the institution of this suit had never met, although they had been in the same city at different times. The record shows that in 1878 Emil Meyer married the daughter Ettie; that after his marriage he and his wife lived with her parents as boarders for about three years; that during the time Ettie lived with her parents, both before and after her marriage, she did most of the ordinary housework; that in 1879 her husband became a partner with her father in a store at Reno, which relation continued for a short period of time, and then the Meyers removed from the Lachman residence, and rented other quarters; thereafter Benjamin Lachman left Reno and went to Ft. Bidwell; that in 1882, or thereabouts, Mrs. Dora Lachman returned to Reno for a short visit, and stayed with her daughter Ettie; that after the mother's return to Ft. Bidwell the daughter Ettie and her husband removed to San Francisco, and remained there three or four years, then went to Portland, Or., and lived there about four years, returned to San Francisco in 1896, and have lived there ever since. In the meantime the Lachmans returned to Reno, Nev.

There is more or less testimony that an estrangement occurred between the two families, owing to difficulties that occurred during the partnership of the husband with the father; the statement of the witnesses being to the effect that Emil Meyer, while a partner of Benjamin Lachman, had obtained more than his share of the money received from the business. This, say the witnesses, was the common talk of the relatives of the families, and of other people in Reno. The complainant, in her testimony, said:

'I have never known of any unfriendly feeling toward my mother, and I have never had any unfriendly feeling towards her. I have always had the best of feeling and felt very affectionate towards her and my father. Of course, there has been quite a good deal of controversy, but I think it has been through outsiders-- people interfering.'

More than two dozen letters were introduced, written by Mrs. Lachman to Mrs. Meyer, commencing in the early part of the year 1894, and continuing up to February, 1896. These letters were addressed either to 'Dear Children,' 'Dear Ettie,' 'Dear Ettie and Emil,' and three were to Dear Emil. ' They all breathe a warm and true affection and love towards Ettie, and a friendship and good will for her husband. There is not, up to the time of Sylvia's engagement, a jarring note of discord, or any unpleasant family expressions. To present the matter in its true light, some extracts should be taken therefrom. As a prelude thereto, it should be stated that at the time of the commencement of the correspondence Ettie was in poor health, suffering from an operation that had been performed. At the receipt of this news, the mother, February 26, 1894, said:

'I was so overcome by reading the few lines that if Sylvia would not have caught me I would have dropped to the floor. * * * What do you wish me to do? Dear children, I cannot advise you * * * I am very sorry that poor Ettie has to suffer so. * * * Please, if she can, let her write to me herself. * * * I wish you all good.'

March 6th she said:

'I know that it would be my place at Ettie's side at such a critical time, but my health is very bad, and my heart is affected with palpitation, and if I would come there I would break down. * * * I wish to God I could be near her and do all I could for her, but as it can't be for the present you must not misunderstand me that I do not want to come. I would come in a minute but I wish to help you in some other way. I and father want to send you one hundred dollars (in four monthly installments of twenty-five dollars each). I wish we could send you three times as much. * * * If she gets over it and will be able to travel I will have her come home. My head and heart are so confused and I am so excited that I can't tell Sylvia any more to write.'

April 16th:

'We are all worried yet as you say she is not out of danger. I will not feel satisfied until she writes herself, and we all hope she will gain strength soon.'

April 27th,

'We all thank God she is over that. Please Emil, when Ettie cannot write you write. * * * Tell Ettie we are so glad that she is over the operation and to think nothing only to get well. We all send out love to you and Ettie and best wishes.'

May 8th:

'I am very nervous. * * * When you will be able to travel, dear, you come home and stay a while with us. The change will do you good. What do you think Emil, about it? Don't you think it will do Ettie good? * * * I want you to give your consent. * * * Please find check for twenty-five dollars.'

May 24th:

'My dear, I am sorry that you could not take the trip, you could rest here and get strength; but, deary, don't do anything to hurt you. * * * I am broken down in health and I feel I must have a change. I feel so bad of course I am very nervous. * * * Sylvia sends her love to you and Emil.'

August 18th,

'I wish you could come home for a while and it may do you good, that is, if the doctor thinks you could travel. We would like it so much for you to come. * * * I send you the money, dear. I only wish I could send you more; times is so hard here I don't know what will become of the people if there is not soon a change for the better. * * * I don't blame you to think that I went to the city and did not go to Portland to see you and Ettie, but my dear, if I had no business I can tell you I rather would have stayed home in these dull times. * * * I was so sick on the cars going to the city, I never felt so bad, it took me a long time in the city to get over the trip. * * * I am glad you think Sylvia's picture is good; she is getting to be a big girl. * * * I am sorry I did not let you wait for the money. I only wish we could send you more.'

October 6th:

'I am sick just to think that the poor child had to go through such things, but I am so much relieved to think that she is over the worst; thank God, we are all so glad. * * * Enclosed you will find check for twenty-five dollars.'

November 7th:

'I send you the dress goods by mail registered. * * * With love to you and Emil, with love from us all.'

January 5th, 1895 (acknowledging receipt of a cushion sent for her birthday),

'Mrs. Abrahams and Phillip Jacobs they all come in just to see papa, and they all thought the cushion is very pretty. I thank you very much for it, and we all join to wish you and Emil a happy New Year, and many returns.'

December, 1895:

'To-day I send you a package registered. * * * I will write you something you will be very much surprised; but things like this happen every day. Sylvia is engaged for the last six weeks, but we didn't make it public. We will make it public the 5th of January. My dear you will wonder who the gentleman is. It is Phillip Jacobs. He is a very nice young man. I cannot write you very much this time, I am all upset like everything else that...