Perkins v. Jackson

• Decision Date: 11 June 1947
• Docket Number: 146.
• Parties: PERKINS et al. v. JACKSON et al.
• Court: Maryland Court of Appeals

53 A.2d 678

188 Md. 616

PERKINS et al. v. JACKSON et al.

No. 146.

Court of Appeals of Maryland

June 11, 1947

Rehearing Denied July 21, 1947.

Appeal from Circuit Court of Baltimore City; Emory H. Niles, Judge.

Suit by Effie Perkins and others against Pearl W. Jackson and others for cancellation of deeds conveying realty, an accounting appointment of a receiver and injunctive relief. From a decree dismissing the complaint and ordering that named plaintiff and another account for personal property and that named defendant account in Orphans' Court for specified personal property, plaintiffs appeal.

Decree reversed and cause remanded for proceedings in conformity with opinion.

Joseph Loeffler, of Baltimore (Isidore E. Levin and W. A. C. Hughes, both of Baltimore, on the brief), for appellants.

Z Townsend Parks, Jr., of Baltimore, (Howard C. Bregel, of Baltimore, on the brief), for appellees.

Before MARBURY, C.J., and DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.

GRASON Judge.

In 1926 Bertie Cameron and her husband acquired a house and lot known as 1013 W. Lafayette Avenue, Baltimore City, for which they paid $8,500. Simultaneously, they executed a purchase money mortgage on this property to the Chesapeake Mortgage Company of $5,000, and a second mortgage to the Beacon Permanent Building and Loan Association of $2,500. Her husband died, and she became the sole owner of the property. The house was a rather large three-story structure in a good colored neighborhood. She rented rooms in the house from the time she purchased it. She had been a servant for Mr. Howard M. Emmons, and worked for him for years.

In 1939 she improved the property. The second and third floors were converted into apartments. The first floor was not improved. She occupied the first floor herself. At that time she mortgaged the property for $2,600 to pay for the improvements. The money received from the mortgage was not sufficient to pay for the improvements and Mr. Emmons advanced her $1,277.60. The costs of the improvements totaled $3,877.60.

For two and a half years Pearl W. Jackson rented an apartment from Bertie Cameron. She then moved to 1009 W. Lafayette Avenue only two doors from the residence of Bertie Cameron. She was a school teacher and taught school at Carver Vocational Senior High School, Lafayette and Carrollton Avenues.

Bertie Cameron was not a business woman, and had spent most of her life working as a servant for Mr. Emmons. After she stopped working for him at his home she did laundry work for Mr. and Mrs. Emmons, and Mr. Emmons took the laundry to her and stopped to get it when it was finished, practically every week, until she became physically incapable of doing the work. He was very fond of her and advised and helped her. Mr. Emmons is a lawyer and for years has been vice president of the Monumental Life Insurance Company.

As Bertie Cameron grew older, and for some years before her death, Pearl W. Jackson acted as her business agent. She collected the rents from the apartments and looked after her affairs generally. Bertie Cameron died in her apartment on January 27, 1943, intestate. She had two sisters living, one Effie Perkins, who was married and at the time of her sister's death occupied one of the apartments at 1013 W. Lafayette Avenue, with her husband; and Daisy O. Wilson, who was married and living with her husband on Pierce Street, Baltimore City. When Bertie Cameron died Effie Perkins was notified immediately, and in turn Daisy Wilson and Mr. Emmons.

They all met on the day Bertie Cameron died, in her apartment, and Pearl W. Jackson was there. Mr. Emmons, of course, knew all three of these colored women. The two sisters of Bertie Cameron were totally unfit to administer on her estate, as they were without business experience, with no connection whatsoever with legal affairs. They were house servants. Pearl W. Jackson was an educated woman, teaching in one of the best colored schools in the city, had acted as agent and collected the rents and looked after the property for Bertie Cameron in her lifetime, and Mr. Emmons suggested to the two sisters that they did not know how to conduct the administration of Bertie Cameron's estate, and Pearl W. Jackson was suggested for that office. This was on the evening of Bertie Cameron's death. Mr. Emmons told the sisters that nothing should be moved from Bertie Cameron's apartment. The sisters agreed that it would be best that Pearl W. Jackson be appointed administratrix, and sometime in February the two sisters, together with Wayman Widgins, renounced their right to administer upon the estate, and suggested that Pearl W. Jackson be appointed administratrix of the estate of Bertie Cameron. The Orphans' Court appointed her administratrix, and she qualified by filing a bond. The two sisters evidently wanted Mr. Emmons, who had known them for years, to advise the administratrix in the administration of the estate. Mr. Emmons is an elderly gentleman and did not want to act as advisor, and suggested Mr. Howard Calvert Bregel. Accordingly, he called Mr.

Bregel and told him he was turning the matter over to him for legal direction.

Pearl W. Jackson called on Mr. Bregel. She did not know him before Mr. Emmons directed her to him, and on her first visit to Mr. Bregel she advised him that these sisters, elderly colored women, agreed to sell her all their right, title and interest in this fee simple property, of which Bertie Cameron died seized and possessed, each sister to receive as consideration therefor the sum of $200. From that time on Mr. Bregel acted as counsel for Pearl W. Jackson in the purchase of this property. His associate, Mr. Z. Townsend Parks, Jr., acted as counsel for Pearl W. Jackson, Administratrix, and, other than seeing her at his office, Bregel had nothing to do with advising Pearl W. Jackson in administering the estate of Bertie Cameron.

The first thing that Bregel did in the matter was to send out identical letters, dated February 25, 1943, to Effie Perkins and Daisy O. Wilson. These letters are as follows:

'You are probably aware that the property left by Mrs. Cameron is subject to a mortgage in Calvert Bank, and many other current expenses, which, due to the low income derived from the rental of same, would be in default if it were not for the fact that Miss Jackson has been contributing for many years, the necessary assistance to keep the property running, and not be sold at forced sale.

'Inasmuch as it will take several months to settle this matter, it will be again necessary for monies to be advanced to keep this property intact, and I am informed that you would dispose of your interest in the property at this time for the sum of $200.00, instead of advancing the necessary monies as would be necessary to do.

'I will call on you sometime within the next few days to present you with the check for the sum of $200.00, and will present you with the necessary Assignment for your execution.

'Before I go to this trouble, will you please indicate at the bottom of this letter and return to me in the self-addressed envelope, which is enclosed, so that I will be assured that this is your understanding. Very truly yours, Howard C. Bregel.' (signed)

At the bottom of this letter is the following: 'I hereby agree to accept the sum of $200.00 for my interest in the estate of Bertie Cameron as above set forth.'

In the letter addressed to Effie Perkins this was signed, Effie Perkins, and the one addressed to Daisy O. Wilson was signed, Daisy O. Wilson. These two letters were exhibited with the answer to the bill of complaint. Also exhibited with the answer is the following:

'I, the undersigned, being one of the heirs of Bertie Cameron, deceased, in consideration of the sum of Two Hundred Dollars $200.00, in hand to me paid, the receipt whereof is hereby acknowledged, do hereby grant, convey, assign, transfer, release, and set-over unto Pearl Jackson, all my right, title and interest in and to said estate of Bertie Cameron, deceased, and especially and including property known as No. 1013 W. Lafayette Avenue.

'As Witness my hand and seal this 4th day of March in the year nineteen hundred and forty-three.

Signed Effie Perkins (seal)'

This instrument was acknowledged on the 4th day of March, 1943, by Effie Perkins before C. Marcellus Dorsey, Notary Public. An identical instrument was signed by Daisy O. Wilson, and acknowledged on the 4th day of March, 1943, before the same Notary Public.

On the 8th day of June, 1943, a deed was executed by Ulysses Widgins and Wayman Widgins, unmarried, of the City of Philadelphia, State of Pennsylvania, and Effie Perkins and Daisy O. Wilson, unmarried, of the City of Baltimore, to Pearl W. Jackson, whereby they 'in consideration of the sum of Five Dollars and other good and valuable considerations' granted and conveyed unto Pearl W. Jackson, her heirs and assigns, in fee simple, all their right, title and interest in and to the property aforesaid, of which Bertie Cameron died seized and possessed. All of these papers relating to this property transfer were prepared by Mr. Bregel. On the 14th day of July, 1944, Pearl W. Jackson granted and conveyed this property to her mother, Georgia V. Walker, unmarried, the consideration being 'Five Dollars and other good and valuable considerations'. On the same day, to wit, the 14th day of July, 1944, Georgia V. Walker, unmarried, conveyed this property to Pearl W. Jackson. The habendum clause in that deed is as follows:

'To Have And To Hold the said lot of ground and premises above described and mentioned and hereby intended to be conveyed together with the rights privileges appurtenances and advantages thereto belonging or appertaining unto and to the...