Nalley v. Nalley

• Decision Date: 09 April 1969
• Docket Number: No. 200,200
• Citation: 253 Md. 197,251 A.2d 849
• Parties: James A. NALLEY v. William L. NALLEY.
• Court: Maryland Court of Appeals

Page 197

253 Md. 197

251 A.2d 849

James A. NALLEY v. William L. NALLEY.

No. 200.

Court of Appeals of Maryland.

April 9, 1969.

Samuel Intrater, Washington, D. C., for appellant.

Hal C. B. Clagett, Upper Marlboro (Thomas A. Farrington and Sasscer, Clagett, Powers & Channing, Upper Marlboro, and Milton I. Baldinger, Washington, D. C., on the brief), for appellee.

Before HAMMOND, C. J., and MARBURY, BARNES, SINGLEY and SMITH, JJ.

BARNES, Judge.

The appellant, James A. Nalley, filed a caveat to the will of his deceased mother, Annie E. Nalley, dated September 29, 1964, and admitted to probate on March 14, 1967 by the Orphans' Court for Prince George's County, on the ground of undue influence, against his brother William L. Nalley who was named as executor of the will. The trial court (Mathias, J.) directed a verdict in favor of the caveatee, William, at the end of all the testimony. From the action of the jury pursuant to the trial court's direction, this appeal was timely taken.

Annie E. Nalley, the testatrix, and her husband, William J. Nalley, had four children, all sons: James A., the oldest son and caveator, Dewey (who died in infancy unmarried and without issue), Edwin J., who died on July 21, 1964 intestate, leaving a widow Evelyn Marie Nalley, but no children, and William L., the caveatee. The husband had operated a funeral home at 522 Eighth Street, N.E., Washington, D. C., as a sole proprietorship prior to December 16, 1931, on which date he incorporated as 'William J. Nalley Original Successor to Thomas R. Nalley & Son', but he continued to operate the funeral business as a sole proprietorship until his death on April 30, 1950.

By paragraph 8 of his will, probated on May 12, 1950, he bequeathed his 'funeral business * * * to my wife Annie E. Nalley, for her natural life, and upon her death * * * to my three sons * * *.' On June 3, 1950 Annie and the three sons, James, Edwin and William executed an agreement, under seal, whereby the three sons sold and assigned 'all of their right title and interest whatsoever existing in the funeral business as referred to under aforesaid paragraph eight (8) to Annie E. Nalley, absolutely and in fee simple.' James testified that he did not read the agreement but merely signed it because his mother asked him to do so and that he did not understand that by the agreement he was transferring his interest in his father's funeral business to his mother. William, on the other hand, testified that he knew, and believed all of the sons knew that 'they were signing away their rights to share in that business' (the funeral business) after their mother's death. Any challenge to the agreement of June 3, 1950 is not before us in this case. It was stated at the argument that there was another unresolved proceeding involving these issues in the Circuit Court for Prince George's County.

On August 31, 1950, Articles of Incorporation of J. B. Beall, Incorporated, were amended to change the corporate name to Nalley's Funeral Home, Inc., the stock of that corporation having been purchased in order to obtain a license to operate a funeral home. ¹ Thereafter on July 12, 1955 a certificate to do business by Nalley's Funeral Home was filed in the District of Columbia.

The testimony indicated, without contradiction, that Annie was the dominant factor in the operation of the funeral home business. She was a strong-willed woman who made substantially all of the important decisions in the business. James worked for a while in his father's funeral business, but disliked the funeral business intensely and ultimately went into the plumbing business. He testified that 'I felt that it was a business that I was not inclined to take up and I didn't want anything to do with it. I was a plumber and I'd rather be a plumber than a mortician. I don't like fooling with the dead, I don't like being around dead bodies.' He further testified:

'Q. Do you like to go to funerals? A. No, sir, I don't.

'Q. Did you go to your father's funeral? A. No. I didn't actually go to my father's funeral, nor my mother's nor my wife's father and mother's, nor my two brothers-in-law that died. I don't like funerals.

'Q. Did your mother know this? A. My mother knew it. My mother loved me and she understood.

'Q. She understood you didn't like funerals? A. Yes.'

James also stated that from 1950 to 1967 he never attended or participated in the conducting of any funerals at the Nalley Funeral Home.

Edwin and William, however, worked under the direction of their mother at the funeral home. Annie personally purchased the property at 3200 Rhode Island Avenue, Mt. Rainier, for $40,000 on February 10, 1958 and leased it to Nalley's Funeral Home, Inc. She transferred this property to the Nalley Family Trust on June 6, 1963.

On January 3, 1962, Annie transferred to Edwin and William 48 shares each of the 200 shares of Nalley's Funeral Home, Inc., stock, retaining for herself 104 shares, the controlling interest in the corporation. Edwin died intestate on July 21, 1964. Annie renounced all of her interest in Edwin's estate in favor of his widow Evelyn Marie, on September 29, 1964.

Also, on September 29, 1964, Annie executed the will challenged by the caveat in this case. By Item II she bequeathed James $8,000, with certain provisions for payment and by Item III she bequeathed all of her shares in Nalley's Funeral Home, Inc., to William. By Item IV she divided the residue of her estate in equal shares between James and William with certain additional provisions if they predeceased her. William was named as executor to serve without bond. Annie directed that Milton I. Baldinger, her attorney, who was familiar with her affairs, be named as attorney for the executor. The will was prepared by Mr. Baldinger and William was not present when it was executed. There were three witnesses to the will.

Annie died on January 1, 1967 and, as indicated, the will was duly probated. There is no contention that at the time of the execution of the will, Annie was not mentally capable. On the contrary, James testified that his mother was a business-like, capable, intelligent woman, strong-willed but honorable and fair. She did the hiring and firing in the business and even made rather minute decisions as to whether or not a one-half inch or three-quarter inch pipe should go in the radiators. As James put it, his 'mother was the business.' James' daughter, Jean Ann Poerio, testified that Annie seemed fine to her and was alert when she visited her. Mary Feddon, who had known Annie for 36 years, testified that Annie had a very, very good business mind, that no one...