Patten v. Knowe

• Decision Date: 14 December 1933
• Docket Number: No. 22012.,22012.
• Citation: 354 Ill. 156,188 N.E. 173
• Parties: PATTEN v. KNOWE et al.
• Court: Illinois Supreme Court

354 Ill. 156

188 N.E. 173

PATTEN

v.KNOWE et al.

No. 22012.

Supreme Court of Illinois.

Oct. 21, 1933.

Rehearing Denied Dec. 14, 1933.

Bill by Mary Patten against Peter Knowe, individually and as administrator of the estate of Charles H. Patten, deceased, Elode M. Patten, and another. From a decree for complainant, named defendants appeal.

Reversed and remanded, with directions.Appeal from Circuit Court, Cook County; Harry M. Fisher, judge.

David & Fainman and Judah, Reichmann, Trumbull & Cox, all of Chicago (Sigmund W. David, and S. Albert Stern, both of Chicago, of counsel), for appellants.

Cutting, Moore & Sidley, of Chicago (Charles S. Cutting and Howard Neitzert, both of Chicago, of counsel), for appellee.

JONES, Justice.

Mary Patten, complainant, filed a bill in chancery in the circuit court of Cook county against Peter Knowe, individually and as administrator of the estate of Charles H. Patten, deceased, Elode M. Patten, and Charles R. Patten, to set aside a certain quitclaim deed and to direct the administrator to deliver to her the contents of two envelopes found among the effects of decedent after his death. Upon the hearing the chancellor entered a decree in accordance with the prayer of the bill. The cause is in this court on appeal prosecuted by the widow and by Peter Knowe, individually and as administrator.

Charles H. Patten (hereinafter referred to as decedent) died intestate on March 30, 1929, leaving surviving him Elode M. Patten, his widow, Mary Patten, his daughter and complainant, and the defendant Charles R. Patten, his grandson, his only heirs at law. The bill alleges that complainant owns in fee simple certain real estate at Palatine, in Cook county, originally the property of her mother, who was her father's first wife; that on the death of her mother complainant and Paul Patten became the owners of the property; that they subsequently conveyed it to her father; that he and Elode M. Patten, his wife, conveyed it to complainant by deed dated June 27, 1922, recorded October 14, 1927; that she agreed with decedent to permit him to occupy the property during his lifetime and he was to pay the taxes and insurance thereon for its use; that it was her intention and desire that in case she should die before his death the premises would become his property; that it was also agreed between them that she would execute a quitclaim deed to him for the premises, but it was not to be delivered unless she predeceased him; that a quitclaim deed was executed and placed with other papers of complainantin a sealed envelope, upon which the father wrote the following: ‘Property of my daughter, Mary Patten, to be delivered to her in case of my death.-C. H. Patten.-10/30/27’; that the envelope so marked and sealed was placed in another sealed envelope with various papers belonging to complainant; that upon the outer envelope, in the handwriting of decedent, appear these words: ‘Property of my daughter, Mary Patten, held for safe-keeping, to be delivered to her in case of my death.-C. H. Patten.-11/9/28’; that the deed from complainant to her father was never delivered but was held by him in his safety deposit box for safe-keeping; that the conditions under which decedent was to receive such deed never arose, because he died before complainant's death; that after his death, and against her protest, Knowe, the administrator, recorded the deed, thereby clouding her title. The bill further alleged that among the papers contained in the envelopes was a promissory note to decedent for $10,000 signed by complainant, and that it had never been delivered to decedent except for safe-keeping, and was, in fact, her property and did not belong to the estate.

The answer of Knowe and Elode M. Patten denies that the property originally belonged to complainant's mother and alleges it was owned by decedent prior to the time complainant's mother acquired any interest therein; denies that decedent and Elode M. Patten, his wife, conveyed the premises to complainant by deed dated June 27, 1922; admits that decedent signed the deed but alleges that Elode M. Patten did not sign it until some time in October, 1927; that it was never delivered to complainant and always remained in decedent's possession; that it was not executed with the understanding alleged in the bill or with any similar understanding, but was executed for the purpose of having the title appear temporarily in complainant; that before it was recorded decedent required complainant to execute and deliver to him a quitclaim deed to the premises;that Elode M. Patten was induced to sign the deed to complainant on the representation that no title would be conveyed and the deed would never be delivered; that complainant would execute a quitclaim deed to decedent, which was done, and that Elode M. Patten would have access to and could record the deed at any time, and the property would be hers and her husband's, to enjoy as they saw fit. The answer denies that the note and deeds found in the envelopes belong to complainant. It alleges the delivery of the note and deed to decedent without condition; that even if the note was not delivered it was for an adequate consideration and complainant owes the estate the amount thereof; that complainant has no interest in the premises except as an heir at law of decedent; that after the deed from complainant and her brother was delivered, decedent and Elode M. Patten moved into the premises and remained in possession as sole owners, and that decedent made extensive additions and improvements thereto and in all manner acted as owner thereof, and that complainant had full knowledge of such facts and raised no objections. The answer denies that complainant is entitled to any relief and prays that the bill be dismissed for want of equity.

The testimony on the part of complainant shows that after decedent's death the two sealed envelopes, marked as alleged in the bill, were found in his safety deposit box. In the outer envelope was the other sealed envelope and four fire insurance policies issued to decedent covering the buildings on the premises and the furniture in the dwelling house. One of the policies was date November 12, 1927. All of them bore written assignments to complainant under date of January 24, 1928. The inner envelope contained the quitclaim deed from decedent and Elode M. Patten to complainant dated June 27, 1922, bearing an acknowledgment of the same date and recorded October 14, 1927. On the outside of the deed appear the words, ‘Mail to C. H. Patten, Palatine, Ill.’ The inside envelope also contained the quitclaim deed from complainant to decedent, dated and acknowledged October 14, 1927, and the promissory note dated June 27, 1927, for $10,000, signed by complainant and payable to the order of decedent. The note bears the indorsement, ‘Interest paid to January 27, 1932.-C. H. Patten,’ in his handwriting.

Complainant's proof showed that her mother died intestate on May 11, 1911, vested with record title to the premises in controversy, and that complainant and her brother conveyed the premises to decedent by deed dated March 2, 1914, recorded May 9, 1922. Defendant's proof showed that decedent was the original owner of the property, having purchased a portion of it in 1890 and the remainder in 1896. In 1906 he caused the title to be transferred to his first wife, where it remained until reconveyed to him by his two children after her death. Decedent and Elode M. Patten occupied the premises from July or August, 1922, until his death. During that time he made extensive improvements on the premises at his own expense, paid...