Patterson v. Patterson

• Decision Date: 13 October 1911
• Citation: 251 Ill. 153,95 N.E. 1051
• Parties: PATTERSON et al. v. PATTERSON et al.
• Court: Illinois Supreme Court

251 Ill. 153

95 N.E. 1051

PATTERSON et al.

v.PATTERSON et al.

Supreme Court of Illinois.

June 20, 1911.

Rehearing Denied Oct. 13, 1911.

Appeal from Circuit Court, Moultrie County; W. G. Cochran, Judge.

Suit by W. J. Patterson and others against B. W. Patterson, individually and as executor of Margaret Patterson, deceased, and Margaret Underwood. From the decree, complainants appeal, and defendant Underwood assigns cross-errors. Modified and affirmed.E. J. Miller and F. M. Harbaugh, for appellants.

E. E. Wright, John E. Jennings, and W. K. Whitfield, for appellees.

COOKE, J.

This is an appeal from a decree of the circuit court of Moultrie county, entered on October 26, 1910, in a suit brought by W. J. Patterson and others, appellants, against B. W. Patterson (individually and as executor of the last will and testament of Margaret Patterson, deceased) and Margaret Underwood, appellees.

The undisputed facts upon which the suit is predicated are as follows: On March 11, 1876, William M. Patterson, now deceased, was the owner of several tracts of land in Moultrie county, including the following: The W. 1/2 of the S. W. 1/4 of section 7, containing about 90 acres, and lot 2 in the N. W. 1/4 of section 18, containing about 90 acres, both in township 13 N., range 6 E.; also the E. 1/2 of the E. 1/2 of the N. E. 1/4 of section 13, and 33 acres in the N. W. 1/4 of the N. W. 1/4 of section 36, in township 13 N., range 5 E. On that date he, together with Margaret Patterson, his wife, conveyed all of the tracts owned by him to his son, Daniel M. Patterson, for a nominal consideration, the purpose of this conveyance being to obtain a loan on the land, and then, by mesne conveyances place the title in the name of margaret Patterson. On the day this conveyance was made Daniel M. Patterson mortgaged all of the tracts above described, except the N. 1/2 of the W. 1/2 of the S. W. 1/4 of said section 7, to the AEtna Life Insurance Company to secure a note for $2,750, due in five years; the money borrowed being for the use of William M. Patterson. On the 21st day of the same month Daniel M. Patterson, at the direction of his father, conveyed all the land which had been conveyed to him by William M. Patterson to Levi Seass. William M. Patterson had agreed to give his son B. W. Patterson, one of the appellees, the east 80 acres of lot 2 in the N. W. 1/4 of section 18, above described, and to his son George W. Patterson the E. 1/2 of the E. 1/2 of the N. E. 1/4 of section 13, above described, and 40 acres adjoining the last-mentioned tract, provided each of them would assume the payment of $1,000 of the said mortgage indebtedness of $2,750. In pursuance of this agreement, Levi Seass on April 16, 1877, conveyed to B. W. Patterson, subject to $1,000 of said incumbrance, the land given him by his father, and on the same day conveyed to Margaret Patterson, the wife of William M. Patterson, the remainder of the land which had been conveyed to him by Daniel M. Patterson. Before George W. Patterson had obtained a deed to the land which his father had given him, he sold that land to B. F. Blackwell, and September 4, 1886, Margaret Patterson conveyed this land to Blackwell, subject to $1,000 of the said mortgage incumbrance, which Blackwell assumed and agreed to pay. Thereafter, in November 1889, Margaret Patterson and William M. Patterson, her husband, conveyed to B. W. Patterson, for the expressed consideration of $2,600, the land included in said mortgage to which morgaret Patterson then held the title, being the S. W. 1/4 of the S. W. 1/4 of said section 7, and 33 acres in the N. W. 1/4 of the N. W. 1/4 of said section 36, and B. W. Patterson and B. F. Blackwell then executed and delivered to the AEtna Life Insurance Company a new mortgage upon the same land to secure a new note for $2,750, due in five years, given to take the place of the old note and mortgage. The mortgage given in November, 1889, was released by the insurance company in January, 1895.

When B. W. Patterson received this last deed, he was living with his parents at their home farm adjoining the city of Sullivan, in Moultrie county, his wife having died in 1886, and he having soon thereafter removed, with his two small children, to the home of his parents. His father was then quite aged and feeble, and he, after removing to the home of his parents, took charge of and farmed the land belonging to his parents, and was in possession of and farming this land when his father died, in January, 1897. After William M. Patterson placed the title to his land in the name of his wife, as above detailed, he continued to transact all business in connection therewith until his death. After his death Margaret Patterson, who could neither read nor write, appointed her sons Daniel M. Patterson and W. J. Patterson as agents to attend to her business. They rented the land owned by their mother to B. W. Patterson, and he continued in possession, upon terms agreed upon with them, until Margaret Patterson, in December, 1899, revoked the appointment of W. J. Patterson as her agent on account of the hostility which had arisen between him and B. W. Patterson. Daniel M. Patterson was then dead, having died about one year after his appointment as such agent. Thereafter B. W. Patterson continued in possession of the land owned by his mother until her death in March, 1909, under arrangements made with her.

Soon after her husband's death Margaret Patterson suffered a stroke of paralysis, from which she rallied within a short time, and was able to walk with the aid of a cane. In 1900 she sustained a second stroke, and shortly thereafter a third storke. From the time of the second stroke until her death she was a helpless invalid, confined to her bed, and requiring the constant attendance of a nurse. Her family then consisted of hereself and B. W. Patterson and his two children, and after her second stroke of paralysis, until her death, B. W. Patterson employed and paid a nurse at a weekly salary ranging from $7 to $9, and a servant girl at a weekly salary of from $2 to $3. On February 27, 1907, Margaret Patterson and B. W. Patterson entered into and executed a written contract, whereby the former leased to the latter the various tracts of land owned by her and standing in her name, and consisting of about 131 acres, for a term of 10 years from March 1, 1907, at an annual cash rental of $350. The lease contained a provision that, in case of the death of either party, the lease should terminate on the 1st of March following the time of such death. By the same instrument Margaret Patterson agreed that B. W. Patterson should deduct the taxes and cost of material for repairs from the rent, and should be reimbursed at the rate of $25 per week for the necessary supplies, nurse hire, medical attendance and help furnished by him. On the day following the execution of this contract Margaret Patterson and B. W. Patterson had a settlement of their accounts to that date, and as a result of such settlement Margaret Patterson executed and delivered to B. W. Patterson her promissory note for $6,550. On March 4th of the same year she executed and delivered to B. W. Patterson a note for $650, payable to her daughter, Margaret Underwood, and directed him to hold it until after her death and then to deliver it to Margaret Underwood. This note was given to compensate Margaret Underwood for services rendered in taking care of her mother during the latter's illness. On March 3, 1908, Margaret Patterson executed and delivered to B. W. Patterson her promissory note for $1,173.49, and on March 2, 1909, another note for $1,190.49, being the amounts found due B. W. Patterson on those dates upon settlements between him and his mother in accordance with the terms of the contract of February 27, 1907. All of these notes were by their terms due one day after date, and bore interest at the rate of 7 per cent. per annum.

Margaret Patterson died on March 29, 1909, leaving a will, dated April 5, 1898, which was duly probated in the county court of Moultrie county. She nominated B. W. Patterson executor of her will, and directed him, as such executor, to convert all her property into cash, under the order of the county court, as soon after her death as practicable,and to distribute the proceeds among her legal heirs in the proportions therein specified. B. W. Patterson was at the time of filing the bill herein, and had been ever since the death of his mother, in possession of the real estate and had taken no steps to obtain an order to sell the same. After the bill was filed herein, and on September 5, 1910, he filed his petition in the county court and obtained an order to sell all the real estate standing in the name of Margaret Patterson at the time of her death. On March 18, 1910, Margaret Underwood filed a claim against the estate of Margaret Patterson, deceased, for $788.27, being the amount of principal and interest due on the $650 note above mentioned. The executor having indorsed on the claim that he had no objection to its allowance and having entered his appearance, the county court on March 24, 1910, allowed the full amount of the claim and entered judgment accordingly. Some of the heirs at law and legatees of Margaret Patterson prosecuted an appeal from the judgment of the county court to the circuit court of Moultrie county, and that appeal was pending and undisposed of at the time the bill was filed herein. On April 9, 1910, B. W. Patterson filed four claims against the estate of Margaret Patterson. Three of these claims were for the principal and interest due on the respective promissory notes above mentioned which had been delivered to him by his mother, and the fourth was for taxes paid by him and the amount due under the contract of February 27, 1907, for care, nursing, etc., during the last four weeks of her life. The court appointed an administrator pro tem. to defend against the claims filed by...