Miller v. Wall

• Decision Date: 16 December 1926
• Docket Number: 8 Div. 868,868-A
• Citation: 113 So. 501,216 Ala. 448
• Parties: MILLER v. WALL et al. WALL et al. v. MILLER.
• Court: Alabama Supreme Court

113 So. 501

216 Ala. 448

MILLER v. WALL et al.

WALL et al. v. MILLER.

8 Div. 868, 868-A

Supreme Court of Alabama

December 16, 1926

Rehearing Denied, with Modification, June 23, 1927

Appeal from Circuit Court, Madison County; J.E. Horton, Judge.

Bill by N.L. Steele, as guardian of Lizzie L. Watkins, non compos mentis, against Sadie Mae Miller and others for purpose of having the court construe the will of Sallie S. Watkins deceased, and to remove a cloud from title alleged to consist of a mortgage, wherein the first-named defendant filed a cross-bill, claiming different construction of will than contended by complainant, and the second-named defendant filed a cross-bill, seeking foreclosure of mortgage, and wherein Young Wall, as guardian, was substituted for Steele who died pending suit. From the decree, respondent Miller appeals, and complainant and others assign cross-errors. Reversed and remanded.

Thomas J., dissenting in part.

Marriage decree null for insanity, held valid within will as affecting time of division of property.

The bill was filed by N.L. Steele, as guardian of Lizzie L. Watkins, non compos mentis, for the purpose of having the court construe the will of Sallie S. Watkins, deceased, and declare the rights of the parties in certain property, conveyed by the will and certain other real estate, afterwards acquired by the administrator, or executor, with funds of the estate of Sallie S. Watkins, and to remove a cloud from the title alleged to consist of a certain mortgage executed by certain devisees and children of Sallie S. Watkins to Bertha Patterson. All the heirs and devisees of Sallie S. Watkins were made parties defendant, including the children of a deceased son (Carter Spotswood Crute) and the estates of those who were deceased, and also said Bertha Patterson. The bill also prayed for the removal into the equity court of the administration of the Watkins estate and the estates of her deceased devisees. Steele having died pending suit, the cause was revived in the name of Young Wall, as guardian. Answers were filed by the various defendants. The answer of this appellant was made a cross-bill, claiming that the proper construction of the will was other than contended by complainant, and praying for a sale of the property for division. Bertha Patterson's answer, by way of cross-bill, sought a foreclosure of the mortgage above mentioned.

The will of Mrs. Watkins was as follows:

"State of Alabama, Madison County.

"Know all men by these presents, that I, Sallie S. Watkins, of Huntsville, Alabama, in said county and state, being of sound mind and disposing memory, do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made.

"First: I desire that all my just debts be paid by my executor and executrix hereinafter named.

"Second: I give, devise and bequeath all my real estate and personal property of whatever kind and description that I will hereinafter name to my six daughters and only son W.M. Watkins, to wit: Mrs. Ora Lee Lord, Irene Scruggs Stannard, Birdie Crute, Lizzie Louise Watkins, Lucy Cabaniss Watkins, Sadie Mae Miller and W.M. Watkins, the real estate situated on the north side of Randolph street and now occupied by me as a residence and the real estate situated on the south side of Commercial Row, and now occupied by me as my drug store, both pieces being in the city of Huntsville, Alabama, to be held and owned by my said six daughters, and only son W.M. Watkins, jointly, share and share alike, till all of them marry, or die.

"In the event of the death of either before a final division with or without issue, the share of such to descend to her surviving sisters and brother, it being my desire and intention to the best of my ability, to insure a home and support for my said daughters and only son.

"Third: I hereby set forth what articles of household furniture I desire each of my children to have, viz.: When a final division is made, as I desire all household furniture and articles to stay in the house until a final settlement.

"The parlor furniture, consisting of one mahogany safe, one marble slab table, three mahogany chairs, and one mahogany table, without slab, to my daughter Mrs. Stannard; my father's picture, my mahogany bed, wardrobe and washstand, and feather bed, that is in my room to my daughter Birdie Crute, the marble sideboard to my daughter, Lucy Cabaniss Watkins, the wardrobe standing in my room and the feather bed in the middle room I leave to Mrs. Ora Lord, my piano, the small feather bed, now in the back room to my daughter Mae Miller, the bedroom furniture now standing in the back room, consisting of one bed, wardrobe, and dresser, together with a marble washstand in my room, I leave to my daughter Lizzie Louise Watkins. The balance of household articles consisting of feather pillows and china, silver, etc. are to be evenly distributed at the discretion of my executor and executrix of my will to my six daughters and only son, when a final division is made.

"I hereby nominate and appoint my only son, W.M. Watkins, and my daughter Birdie Crute (or in case either should die) my daughter, Lucy Cabaniss Watkins, executor and executrix of this my last will and testament and direct that no bond, or settlement, be required by them by the probate court.

"In the testimony whereof I, the said Sallie S. Watkins have to this my last will and testament subscribed my name and affixed my seal this the 8th day of November, 1907.

"[Signed] Sallie S. Watkins. [Seal.]

"Signed, sealed and delivered by the said Sallie S. Watkins as her last will and testament in the presence of us, who, at her request and in her presence and in the presence of each other, have subscribed our names as witnesses thereto.

"[Signed] J. Robert Jones.

"A.L. Rison."

From the agreed statement of facts the following facts also appear:

At the time the bill was filed all the devisees mentioned in item 2 of the will had died except Sadie Mae Miller and Lizzie Louise Watkins. One of these (Mrs. Stannard) had left a son surviving her, who is made a party to the suit. Three of the others, W.M. Watkins, Birdie Crute, and Lucy Watkins, had never married. One (Mrs. Lord) was a widow when the will was made and had since died, leaving no child. Sadie Mae Miller was at the time of the making of the will and still is a married woman. The facts relative to Lizzie Louise Watkins are these: On July 2, 1914, a marriage license was issued by the probate judge of Jefferson county, Ala., for her marriage to J.F. Winter, and on said date a marriage ceremony was performed and solemnized between said Lizzie Louise Watkins and said J.F. Winter by a duly authorized minister of the gospel in Jefferson county, Ala., and a marriage certificate issued by him. They lived together as husband and wife in Jefferson county for 18 months following the ceremony, and for two years next preceding said marriage ceremony said Lizzie Louise Watkins lived in Jefferson county, Ala., at the home of her brother-in-law, and went about and conducted herself so that she was considered a sane, normal person, and was known as such during said time, and was so considered on the date of her marriage. At the time of her marriage she had never been adjudged insane, but had been committed to the Bryce Hospital for the Insane, at Tuscaloosa, for treatment on four separate occasions. After leaving Madison county, the place of her birth, she resided in Jefferson county, Ala., up to and at the time of her marriage and up to the time after her marriage when she was again committed to said Hospital for the Insane, where she now is. She never resided in Mobile county. After said marriage she was known as Lizzie Louise Winter or Mrs. Joseph Winter, up to the time her alleged marriage was annulled, and while she was then living with J.F. Winter as his wife, to wit, in July, 1915, a child was born to them, which died a few weeks after birth. J.F. Winter abandoned his said wife about four months prior to the time when she was last committed to the Bryce Hospital, and thereafter, on December 28, 1918, while she was so confined in said hospital in Tuscaloosa county, Ala., said Winter filed a bill in the circuit court of Mobile county, Ala., in equity, seeking an annulment of said marriage on the ground that said Lizzie L. Watkins was of unsound mind and mentally incapable of contracting marriage at the time the marriage was solemnized. Answer was filed by W.M. Watkins, who was at that time guardian of Lizzie Louise Watkins (or Elizabeth L. Winter), and on June 25, 1919, a decree was rendered declaring the marriage null and void.

The mortgage to Bertha Patterson was executed by W.M. Watkins, Irene S. Stannard, and Birdie Crute (three of the devisees named in item 2 of the will), all of whom had died when the bill was filed; and the money loaned to them was used in building two bungalows on the residence property of Sallie S. Watkins, described in item 2 of the will, and enhanced the value of said property to the extent of $10,000.

The circuit court decreed as follows:

"It is therefore ordered, adjudged, and decreed that under item 2 of the Will of Sallie S. Watkins, deceased, the six daughters and one son of the decedent, Sallie S. Watkins, were given and devised the real estate situated on the north side of Randolph street and occupied by testator as a residence at the time she made her will, and also the real estate situated on the south side of Commercial row, and occupied by the testatrix, as a drug store; that said property, under the provisions of the will, was and is to be held by said six daughters and the only son named therein, without any division of same, and each to share equally in the rents and

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