Michael v. Marshall

• Decision Date: 18 February 1903
• Citation: 201 Ill. 70,66 N.E. 273
• Parties: MICHAEL v. MARSHALL et al.
• Court: Illinois Supreme Court

201 Ill. 70

66 N.E. 273

MICHAEL

v.MARSHALL et al.

Supreme Court of Illinois.

Feb. 18, 1903.

Appeal from circuit court, Montgomery county; W. M. Farmer, Judge.

Bill by William N. Michael against Elmer D. Marshall and others. Decree for defendants, and complainant appeals. Affirmed.

Lane & Cooper, for appellant.

Amos Miller and Joseph M. Baker, for appellees.

Thomas M. Jett and David R. Kinder, guardians ad litem, for appellee Opal Gorflo.

CARTWRIGHT, J.

William M. Michael, the appellant, filed his bill in this case in the circuit court of Montgomery county to set aside the will of his deceased sister, Mabel Michael, alleging mental incapacity and undue influence. The complainant was a devisee under the will, and the defendants were the appellees, Elmer D. Marshall, executor, Hattie S. Marshall, and Helen O. Gorflo, beneficiaries under the will. An issue was formed as to whether the writing was the last will and testament of the said Mabel Michael, embracing said questions of mental incapacity and undue influence, and was submitted to a jury. Upon the trial the jury returned a verdict that the writing was the last will and testament of said Mabel Michael, deceased, and a decree was entered accordingly.

The principal facts established by the evidence are as follows: The defendant Elmer D. Marshall, who was named as executor in the will, was an uncle of the testatrix, and she had resided in his family after the death of her mother, which occurred February 13, 1894. He was appointed her guardian on February 21, 1894, and had the care and management of her estate, as guardian, until she arrived at the age of 18 years, on September 22, 1899, when he settled with her, and turned over the estate to her. Both of her parents died of consumption, and she had been delicate from childhood, with tendencies to the same disease, which finally became developed in her, and caused her death on April 15, 1900. The will was executed February 26, 1900, at a time when the disease had become so far advanced as to preclude any reasonable expectation of recovery. By the will she gave to her brother, the complainant, who lived at Springfield, Mo., an undivided half of several pieces of real estate which they owned together, and she gave to the defendant Hattie S. Marshall, wife of said Elmer D. Marshall, a farm and 30 shares of bank stock, of the par value of $3,000. To the defendant Helen Opal Gorflo, a girl some years younger than testatrix, a member of the family and sister of Hattie S. Marshall, she gave 20 shares of bank stock. Elmer D. Marshall was a brother of Carrie E. Michael, the mother of testatrix. The will was drawn by James M. Truitt, an attorney, who died soon after the will was made. He was seen going to the house about that time, and a memorandum in his handwriting was found from which the will was evidently drawn, and which showed the disposition that was to be made of the property by the will. The value of the property devised to complainant, and that given to Hattie S. Marshall, aunt of the testatrix, was about the same. When the will was executed Elmer D. Marshall called upon the subscribing witnesses, L. G. Tyler, a bookkeeper in a bank, and Lucy C. Tyler, his wife, and asked them to come down to his house. They did not know what they were summoned for, and were surprised to meet each other at the house, when Mrs. Marshall explained why they were requested to come. The will was lying on a table, and Mr. Tyler picked it up, and asked the testatrix if that was her will, and she said it was. He then told her, all right, that she should sign it, and she got up and went to the table and signed it, and it was then signed by Mr. and Mrs. Tyler as witnesses. The testatrix looked delicate, pale, and emaciated, but was not suffering, and was able to walk about the room. When the witnesses were leaving the room the testatrix got up and went to Mr. Tyler, and told him to say nothing about the will, as she did not wish it to be made public. There was no evidence tending in any degree to establish mental incapacity, but, on the contrary, it was proved that the testatrix was of sound mind and memory. After she became of age she had dealt with complainant, and bought from him bank stock amounting to $2,500, and his half interest in the farm devised to Hattie S. Marshall, for which she paid him $3,000.

The foregoing was all the evidence relating to the preparation or execution of the will. Elmer D. Marshall and his wife took great care of the testatrix, and looked after her during all the time she lived with them, both in respect to her health and her welfare, and she had manifested some natural restiveness at the restraint imposed, and had sometimes been irritated towards Helen Opal Gorflo-not concerning any serious matter, but mainly because she went with her sometimes when she did not want her. The restraints were in regard to being on the street or out at unsuitable hours or the night, but she was allowed to attend parties and church, and church socials, and to visit among her friends, both in the day and in the evening. The evidence shows that the care and restraint which were exercised were solely for the good of the testatrix and in her interest, out of solicitude both for her health and her personal welfare. This evidence was introduced for the purpose of showing that the testatrix was under the influence of Mr. and Mrs. Marshall, and that she would not have been apt to make a bequest to Opal Gorflo, because she disliked her. The evidence shows that in the later period of her life she realized the reason for the restrictions imposed upon her, and the propriety of them, and was thankful for them. They were no greater than any judicious parents would have imposed upon their own child from duty and affection. All of this the testatrix appreciated in the end, and manifested the greatest affection both for her uncle and aunt, as well as a friendly feeling for Opal Gorflo. She expressed the greatest love for her aunt, and said that no one could have been kinder to her, and that her every wish had been anticipated and gratified.

The first thing in the order of events at the trial which is made the ground for seeking a reversal of the decree is...