Miller v. Simonds

• Decision Date: 31 October 1880
• Citation: 72 Mo. 669
• Parties: MILLER v. SIMONDS, Appellant.
• Court: Missouri Supreme Court

72 Mo. 669

MILLER

v.SIMONDS, Appellant.

Supreme Court of Missouri.

October Term, 1880.

Appeal from St. Louis Court of Appeals.

AFFIRMED.

This was an action brought by Silas W. Miller and Margaret J. Miller, his wife, against Jacob W. Simonds, to have a deed executed by the said Margaret in favor of defendant, before her intermarriage with said Silas, set aside. Defendant was the father and had been the guardian of said Margaret. The petition alleged that by reason of this double relation, the defendant held and exercised great and controlling influence over the mind and actions of the said plaintiff from the time of his appointment as her guardian, and before, until her marriage with the plaintiff, Miller; and until then her said guardian held possession of and exercised sole and exclusive control over her property, and managed her business affairs in connection therewith in his own way, without any knowledge or interference therewith on her part, she reposing implicit and child-like confidence and trust in him as her parent and guardian in relation thereto; that the conveyance complained of, was not the free and voluntary act of said Margaret, but was obtained from her by the undue influence of her father and guardian, aided and assisted by her brother, Wm. T. Simonds; that she was then engaged to marry said Silas W. Miller, which fact her father and brother well knew, and to which marriage her father, the defendant was strongly opposed; and her father, the defendant, being unable to break said engagement, combined and colluded with her said brother to procure by their undue influence the execution of said deed, with the fraudulent purpose and intent of depriving her and the said Silas, when their marriage should be consummated, of the possession and enjoyment of said property; and that said Wm. T. Simonds acted under the direction and in connivance with the defendant in persuading her to make said deed; that by their undue influence and persuasion, they induced her to make said deed without any consideration whatever therefor; that said conveyance, obtained as aforesaid, was in fraud of the rights of the plaintiff, Margaret, and of the marital rights of said Silas, and is inequitable and unjust if suffered to stand; and that the procurement or acceptance thereof by said defendant is in violation of the delicate relations of trust and confidence growing out of the relationship of parent and child, guardian and ward; wherefore said deed is fraudulent and void and should be held for naught.

Defendant answered, denying the right of plaintiffs to any relief. The deed complained of was a conveyance of the half interest of the plaintiff, Margaret, in a tract of land in St. Charles county.

On the part of the plaintiffs, the evidence was as follows:

A letter dated St. Charles, May 12th, 1874, from efendant to his son, William:

Dear Son: I seat myself to write a few lines to let you know that I am well at this time I got your letter last week. I was glad to hear that you wer wel I am in great hopes you will learn much this summer It has rained the whole spring I have not planted a hill of corn yet if it don't rain to-night I want to plant to-morrow but it looks like it will rain any time I have got that new ground in Willie my son I have had a heap of trowble since I saw you, all cawsed by your sister and Milers she is there tonight her and Silas is going to get married so she says I told her I did not care, I took her to town and bought her dressing when it is to be I don't know I am willing to treat them well, I have not sold my wheat yet when I will don't know Having nothing more to writ I will close for this time. Remaining yours as ever

J. W. SIMONDS.

Margaret J. Miller, one of the plaintiffs, testified: I lived at J. W. Simonds, my father, in May, 1874; I was twenty-one years of age in May, 1874; up to that time I reded at my father's house; William is my only brother; mother is dead; I was two years old when she died; my father married a second time; my stepmother is dead also; I was eleven or twelve years old when she died; he has not since married; in May, 1874, there was no woman on the place of my father, except a colored woman; my father, nyself and my brother were then the only members of my father's family; there had been no white woman living in my father's family since my stepmother died; my father managed and controlled my real estate; I relied on him in its management; I had no other property except the land conveyed by the deed; I was always under the impression that my father had other property besides this; I never thought much about it; my brother came home on Saturday and mentioned it to me; he was the first and only one ever mentioned it to me up to that time; I never thought of it before; that was on Saturday; on Monday I made the deed; he spoke of it, and said he thought it would be right; we came in on Monday and made the deed; I never spoke to any one about it from the time he spoke on Saturday until Monday; a few minutes before I signed it, pa spoke to me about it; this was on the porch or hall of Judge King's office; father then told me he had plenty, and I need not sign it unless I wished; this was just before I signed it; my father went in with me to sign it; Wm. T. Simonds was there when I signed it, also; he ordered the writing; I don't have any recollection of saying anything about it; I suppose my brother selected the attorney to write the deed; he took me there; I didn't comprehend all I was doing in signing that deed; I never knew what I was doing; on Saturday my brother talked to me and told me about the property more than I ever heard before, and that we ought to convey it to pa for his lifetime, because he was old, and he thought it best for us to do it, and I very readily gave my consent without thinking anything about it; my father had only on one occasion spoken to me about it, a short time before, and told me he heard I was going to turn him out of house and home; I asked him who told him, and wanted to know how he thought I could possibly do such a thing, even if I desired; he refused to tell me who told him, and said he never would tell me who told him; there was very little more said; I was engaged to Mr. Miller at that time; my father knew that Mr. Miller was coming to see me then; I do not remember positively whether he knew it then, (the engagement,) but I think he did; this conversation was shortly before the deed was made; my father was opposed to my marriage with Mr. Miller; my brother came home from St. Louis on Saturday evening, a little before sundown; the Saturday before the deed was made; he spoke to me soon after he came home about making the deed; said to me, father had raised us and clothed us, that we ought to have it fixed so that father could enjoy it in his old age; in most things I had followed the directions of my brother; about this deed and the property I then followed his advice; before, I didn't think or know much about it; my brother only spoke to me once about it that night; my brother was not at home on Sunday, and came home Sunday night; I was at home all day Sunday and Sunday night; I talked to no one else about it, (the deed;) we came in town early Monday; I wasn't well at the time; was sick all day Monday, when I signed the deed; was sick when I left home that morning; I don't remember anything definite about it that day; I was sick all day; would never have thought of making the deed had he not mentioned it; I would not have done it of my own accord; I thought the land was through my mother, but, in fact, I never thought anything about it; my brother never said much about my contemplated marriage with Silas Miller; I didn't think he was exactly willing, but he never said much about it; after I signed the deed my brother went back to St. Louis; I and my father and my brother came into town together in the wagon; we got in between ten and eleven o'clock and went straight to King's office; I last saw my brother that day at King's office; we did not remain all the time at King's office; it was shortly after dinner my brother left; we took dinner at Ruenzi's hotel at about twelve o'clock; he went directly from the office after the deed was signed for St. Louis; my brother was attending the medical college in St. Louis; the deed was executed May 18th, 1874, and I was married June 11th, 1874; I received no money from my father for the deed; my brother is nearly two years older than myself; I think my brother had been going to college two terms then; was when I married; my brother lives at home at his father's and part of the time at his office in Potterville; my brother is single. Cross-examined: I went to Pitman's school two terms and a half; I quit school, I think, about four years ago; I stayed with my father until I married; I boarded at Pitman's when at school; at the time I signed the deed I knew I had an interest in the property, but didn't know how much; there was no conversation between myself and father between Saturday and Monday when the deed was made; it was not mentioned on the way into town; I was then twenty-one years old; I was not insane or crazy at the time I signed it; I understood it was a deed, but did not realize what it really was; I didn't comprehend it; I understood the language of course; Mr. King, my brother, Mr. McDearmon and my father were present; my father, on the porch, told me he did not need the property; that it would be a burden to him; and he would get along better without it; I don't think it was as much as a month from the time father spoke to me about turning him out of house and home till the deed was made; I gave father a receipt that day, but what I thought was, that is, was for $70; I think McDearmon drew up the receipt; I have no recollection of its being explained to me, (the receipt;) it was spoken of the same evening (Saturday) about the money coming to me, on which the deed was first spoken of;...