Mooney v. Mooney

• Decision Date: 03 March 1908
• Citation: 68 A. 985,80 Conn. 446
• Parties: MOONEY et al. v. MOONEY.
• Court: Connecticut Supreme Court

68 A. 985

80 Conn. 446

MOONEY et al.

v. MOONEY.

Supreme Court of Errors of Connecticut.

March 3, 1908.

Appeal from Superior Court, Fairfield County; Joel H. Reed, Judge.

Action by John T. Mooney and another against Margaret E. Mooney individually and as Frank J. Mooney's executrix. From a judgment for defendant, plaintiffs appeal. Affirmed.

This action was brought by John T. Mooney and by William H. Comley, Jr., as administrator of the estate of William J. Mooney, deceased, against Margaret E. Mooney individually and as executrix of the last will of Frank J. Mooney, deceased. The essential allegations of the complaint are, in substance, as follows: (1) December 13, 1892, Ann Mooney was a widow, with three sons living, to wit, William J., John T., and Frank J. On that day she executed a quitclaim deed, absolute on its face, purporting to convey to her son Frank J. a lot of land, with a house thereon, on Calhoun avenue, in Bridgeport, together with her household furniture then in said house; also a lot of land in said Bridgeport in the corner of Maple and Hallett streets. Said deed was recorded October 4, 1895. On September 23, 1895, Ann Mooney died. On October 20, 1906, William J. Mooney died intestate, leaving neither wife nor children. On August 18, 1903, Frank J. Mooney, for valuable consideration, conveyed to John T. Mooney the Calhoun avenue property. On February 22, 1905, Frank J. Mooney (said Hallett street lot then standing in his name) died, leaving the defendant Margaret E. Mooney his sole legatee and executrix. On August 16, 1905, the plaintiff William H. Comley, Jr., was appointed administrator of the estate of William J. Mooney. On February 17, 1906, the plaintiffs demanded of the defendant, individually and as executrix, that she execute a deed (then tendered to her) of two-thirds of the Maple street lot and deliver the same to them, which she refused to do. The answer admitted the foregoing allegations: (2) On December 13, 1892, Ann Mooney expressed to her son Frank J. her desire so to dispose of her property that her three sons, in the event of her death, might equally share therein; and thereupon she executed the said deed of that date in pursuance of the advice of Frank J. and of his promise to divide said property and the income thereof equally with his two brothers. Frank J. gave said advice and promise fraudulently, in order to possess himself of the absolute ownership of said property. Ann Mooney executed said deed for the purpose of accomplishing her said desire, having special trust and confidence in said Frank J., relying on his said promise, and believing it to be true. These allegations were denied by the answer. The prayer for relief asked, by way of equitable relief: (1) A conveyance by the defendant to each of the plaintiffs of an undivided one-third interest in said Maple street lot, and that defendant account for the income thereof since October 4, 1895. (2) $10,000. Upon the issues of fact presented by the allegations of the complaint which were denied by the answer, the court found as follows: "Said conveyance from Ann Mooney to Frank J. Mooney was not procured by the fraud of said Frank J. Mooney, or by virtue of any agreement or representations as to his use or disposition of said property."

The finding for appeal, made in pursuance of plaintiffs' request for the purpose of presenting certain questions of law claimed to have been decided adversely to the plaintiffs, discloses the following facts found by the court: On December 13, 1892, Ann Mooney was, and for some time before that date had been, in impaired health, but of sound mind. Her husband and her eldest son. Christopher A., had died in 1890. For a considerable time before the date of Christopher's death, he and Frank J. had practically supported the household; the father contributing but little to their support. William J.—the son—was until his death dissipated and indolent, and contributed nothing to the family support John T., the plaintiff, made his home with his mother until the day before her death, but, aside from paying an inconsiderable sum for his board during a short time prior to her death, contributed nothing toward the support of the household. The Calhoun avenue lot and house was deeded to Ann Mooney in 1883. She had no funds nor income of any kind. The purchase was arranged for her by Christopher and Frank, who made the payments on the purchase price, and paid the interest on the mortgage, and the house was largely furnished at the joint expense of Christopher and Frank. At Christopher's death in 1890 he left a will bequeathing all his estate to his mother—this will was not admitted to probate, because attested by only two witnesses. Thereupon Frank prevailed upon William and John to join him in a release to their mother of all their distributive shares in Christopher's estate. Said Maple street lot, of the value of $600 and subject to a mortgage for $300, was a part of this estate, and became vested in Ann Mooney. The estate was not carried to final settlement, and it does not appear what net amount, over the debts, was realized. On December 13, 1892, Ann Mooney, of her own free will and without being induced so to do by any agreements or representations by Frank concerning the same, executed and delivered to him a deed of the Calhoun avenue homestead, with its furnishings, and also of said Maple street lot. This deed was intended by Ann as a gift of said property, and was conveyed to Frank in recognition of his longcontinued care and support of her and of his services to...