Proehl v. Leadley
| Decision Date | 29 September 1967 |
| Docket Number | Gen. No. 66--94 |
| Citation | 86 Ill.App.2d 472,230 N.E.2d 516 |
| Parties | Hilda PROEHL, Petitioner-Appellant, v. Howard B. LEADLEY, Conservator of the Estate and Person of Etta J. Schwartz, Incompetent, and Theodore J. Weaver, Petitioners-Appellees, Etta J. Schwartz, Eugene H. Rennick, Jr., Guardian Ad Litem, and John C. Hedrich, Guardian Ad Litem, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
D. J. McRae, Andrews & Andrews, Kewanee, for appellant.
Glen L. Borden, Wyoming, Ill., John C. Hedrick, Princeton, Eugene H. Rennick, Jr., Toulon, for appellees.
This is an appeal by Hilda Proehl, Appellant, Niece of Etta Schwartz, the alleged incompetent, from an order of the Circuit Court of Stark County appointing Appellee, Howard Leadley Conservator of the estate of Etta Schwartz. Etta Schwartz and Fannie Bogin were co-tenants in a 104 acre tract of farmland located in Stark County. Fannie Bogin died intestate in 1962, leaving as her only heirs at law Etta Schwartz, six nieces and nephews, including Hilda Proehl, Appellant herein, and two descendants of nieces or nephews. Theodore Weaver managed such farm after the death of Fannie Bogin with the approval of the nieces and nephews and with the disapproval of Etta Schwartz. Negotiations for the purchase of the other interests in the farm by Etta Schwartz were unsuccessful. Etta Schwartz and Hilda Proehl, represented by Attorneys Andrews and Andrews and Attorney Donald McRae, instituted partition proceedings. The remaining heirs were named defendants in the partition proceeding and were represented by Attorneys Liggett and Borden. Howard Leadley, a real estate broker, farm manager and Mayor of Wyoming, Illinois, was appointed Commissioner in the partition proceeding. David Kieser purchased the land at the partition sale for $700.00 per acre. Distribution of the proceeds of the partition sale were completed in March or April of 1966. The possible incompetency of Etta Schwartz having been suggested in said proceeding, Donald McRae was appointed next friend to receive the share of the proceeds payable to Etta Schwartz.
On March 3, 1965, Attorneys Liggett and Borden, with the approval of the nieces and nephews, filed a petition in behalf of Theodore Weaver requesting his appointment as conservator for Etta Schwartz, alleging her incompetency by reason of advancing age and poor physical health. Etta Schwartz, represented by John Hedrich, objected to the granting of such petition. A cross petition for the appointment of Joseph Stetson as conservator was filed. On April 21, 1965, a motion for change of venue was granted but no further action was taken with respect to the petitions until late in April, 1966.
According to the testimony of Leadley he and Etta Schwartz conferred with Attorneys Andrews and McRae early in March, 1966, and at that time Etta Schwartz indicated that she wanted Leadley to act as her conservator. As a result of this conference it was Leadley's understanding that the attorneys would seek his appointment as conservator. Also in March 1966, David Kieser, the purchaser of the 104 acre tract at the partition sale, approached Herbert Collister, in whose home Etta Schwartz was and had been living for about four years, concerning the possible sale to him of 80 acres of 240 acres owned by Etta Schwartz in her own right. According to Leadley, Collister talked with Etta Schwartz and she requested that Leadley discuss the possible sale with her and after some negotiations a sale price for the 80 acre tract at $750.00 per acre was agreed upon. According to Leadley, prior to a final agreement, he discussed the terms of the sale with Donald McRae on the assumption that the latter was the attorney for Etta Schwartz and Leadley further testified that McRae approved the sale, suggesting that if the sale were agreed upon a contract should be drawn. An oral agreement for the sale was entered into on March 23, 1966, and at that time David Kieser delivered a check in the amount of $6,000.00 as down payment to Leadley, payable to Etta Schwartz. Within a day or two Leadley and Kieser went to the offices of Attorney Andrews for the purpose of having a contract drawn and were advised that it would be more appropriate to delay the drawing of a contract until Kieser had made the final payment required by the partition sale. Such final payment was made within the next few days and Leadley again sought an appointment to draw the contract at which time he was advised that the contract could not be drawn because Etta Schwartz was in the hospital. Leadley discussed this matter with Etta Schwartz and according to him she indicated that she wanted him to handle her affairs and suggested that he talk with another attorney to see what could be done. Leadley discussed the matter with Attorney John Rennick and the latter prepared a trust deed and trust agreement by which documents all of Etta Schwartz's property was conveyed to Leadley as Trustee for her benefit. On the following day, April 5, 1966, Leadley and Collister went to the hospital in Kewanee and the documents were signed by Etta Schwartz, the trust deed being thereafter recorded.
There is much conflicting testimony in the record concerning the mental and physical competency of Etta Schwartz on the day these documents were executed. On April 13, 1966, a contract for the sale of the 80 acres to David Kieser was executed by Leadley as trustee. According to Leadley's testimony he believed that a contract should be drawn between Etta Schwartz and David Kieser and both before and after the execution of the deed to him as trustee he had talked to Andrews of McRae several times concerning such a contract. Leadley was under the impression that either Andrews or McRae had filed a petition for his appointment as conservator and was unaware of anything to the contrary until he learned from Collister that the attorneys had suggested that Collister approach Etta Schwartz with the suggestion that she approve Earl O. Turner, President of the bank at Toulon, as her conservator because he might be more cooperative than Leadley. After learning of the trust deed the incompetency...
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