Putbrees v. James
| Decision Date | 13 December 1913 |
| Parties | G. A. PUTBREES, Appellee, v. FREDERICK P. JAMES, et al., Appellants, (and Three Other Cases) |
| Court | Iowa Supreme Court |
Appeal from Dickinson District Court.--HON. D. F. COYLE, Judge.
ACTION in equity to quiet title to three hundred twenty acres of land in Dickinson county, Iowa. Three other cases were tried with this. Decree for plaintiffs. Defendants appeal.
Affirmed.
McCarty & McCarty, for appellants.
Francis & Owens and Faville & Whitney, for appellee.
Many parties were made defendant, most of whom defaulted. Relief was asked against unknown claimants. Defendants contesting and who are the appellants, are some of the brothers and sisters of Frederick P. James and their children and grandchildren.
Frederick P. James died, testate, in May 1884. His will was admitted to probate in New York in September, 1884, and in Dickinson County, Iowa in May, 1891. The will is as follows:
I, F P. James, of Phillipstown, Putnam county, New York, being of sound mind, declare this my last will and testament, revoking all former wills and codicils.
I give and bequeath to my beloved wife Julia, for her sole use, enjoyment and benefit, during her life, without restraint, deduction or interference in any manner whatsoever, as follows:
First: One-half the income of all my property of every kind of which I may die possessed.
Second: The use, enjoyment, rental and occupation of my two residences, one known as Cragside in Cold Spring and Phillipstown, New York, and the other known as No. 400 Fifth Avenue, New York City.
Third: I give, devise and bequeath absolutely to my said wife all the household furniture, pictures, plate, books, ornaments, horses, carriages, farm implements and property of every description in or upon or appertaining in any manner to the two houses and residences aforesaid. The said devises and bequests to my said wife to be in lieu of dower and right of dower.
I give, devise and bequeath to my legal heirs the remainder of the income from my property during the life of my wife, after the payment and discharge of all taxes, assessments and charges, interest and obligation against my said estate, except as hereinafter provided in case of interference. I give, devise and bequeath to my legal heirs except as herein provided otherwise, the reversion and ownership of all my estate and property after the death of my wife, with the reservation, exception and direction that in the event of any of my legal heirs making any attempt directly or indirectly in any manner or form, to interfere with or restrain in any manner my beloved wife from the full enjoyment, use, management and direction and disposition of the property and income of my estate as herein devised, then in that event such one of my legal heirs as shall do or perform, or aid or abet the performance of such an act, or cause the same to be done, shall be forever debarred from any part, parcel, interest or ownership, or inheritance to any of my property, and be excluded from sharing in the same, and the share that would otherwise have gone to him or her shall be divided among the remaining heirs according to law.
I authorize and direct my executrix, in her discretion, to sell and convey such portion of my property as may be requisite or necessary to pay and discharge my just debts and obligations. I constitute and appoint my wife, Julia L. James, my sole executrix, and direct that no bond, obligation or surety be required from her.
At the time of his death, testator owned the land in controversy, and other lands in other counties in Iowa and in other states. He left no children, and no father or mother; his wife, Julia L. James, who afterwards married one Daniel Butterfield, alone surviving him. His collateral relatives were two sisters and one brother, a son of a deceased sister, a daughter of a deceased brother, and children and grandchildren of another deceased brother. The one brother who was living at the death of testator died in 1886; his will gave his executors full power to sell the property of his estate, which they did to grantors of plaintiff. All the heirs of Frederick P. James, including his widow and her husband, and the wives and husbands of said heirs, have joined in conveyances of their interests in the real property in controversy to various parties who have, through various conveyances, transferred the same to this plaintiff. The conveyances by the heirs were subject to the rights of the widow, and were made before the deed by the widow hereafter referred to. The appellants are some of those who thus conveyed their interests, except perhaps a grandchild of one of the heirs. Some time prior to November 26, 1895 (the date of the commencement of the suit does not appear), the widow, Julia L. Butterfield, commenced a suit against the heirs, and others, in the district court of Iowa in and for Osceola county. Due notice was served on all parties. A decree was rendered November 26, 1895, in which the court found that said plaintiff was at the time of the commencement of the cause the owner and entitled to the undivided one-third in fee to all the lands described in the petition, which included the land in controversy, and that the defendants (naming them) were, when the action was commenced, the owners of the undivided two-thirds of said lands. The Wisner Land Company, a grantor in plaintiff's chain of title, was a party to that action, and answered, alleging that it had, since the commencement of the action, purchased all of the interest of all the defendants, and the interest of the plaintiff in such lands, and asked that its title be quieted. The court found in the decree that the Wisner Land Company had, since the commencement of the action, purchased all the interest of the defendants and the plaintiff. The decree recites: "And that the title in and to said lands, and all and every part and portion thereof, be quieted and established in said Wisner Land Company, and that all of the said parties plaintiffs and defendants, and all persons claiming by, through or under them, or any of them, be estopped and forever barred from claiming the same or any part thereof." This decree was recorded in Dickinson county, Iowa December 19, 1895. May 23, 1895, the widow, Julia L. Butterfield, and husband, executed a deed to the Wisner Land Company, for the consideration of $ 20,000, conveying all the right, title, and interest acquired and owned by her as the wife and widow of Frederick P. James in and to the lands described (being the lands in controversy, and other lands), together with the appurtenances and all the estate and rights of the party of the first part, individually, in and to said premises. The deed provides that it is not to affect her rights as executrix or trustee under the will of her deceased husband. The husband, Daniel Butterfield, joined in the deed, and relinquished all his rights in the property. This deed was duly recorded. A referee's report, filed in court in New York, shows that the widow, as trustee, rented all lands in Iowa to the Wisner Land Company on May 24, 1895, for a rental equal to the taxes on the land. This report was not made by the widow, but she was served with notice thereof. This report was not produced or offered in evidence. It was testified to by witness Carpenter, and it was agreed on the trial that it did so show, but subject to objection that it was secondary, not binding on plaintiff, etc.
Plaintiff obtained his title in 1895 by deed, and it was conceded of record on the trial that: It was also conceded that plaintiff and his grantors have paid the ordinary taxes levied upon the lands in controversy during all of the period since the purchase thereof from the defendants, as shown by the instruments.
May 21 1907, Edward F. James, executor and trustee, Ella E. James, executrix and trustee, Edward F. James, Ada L. James, Ella E. James, and W. L. James executed a deed to Frazier Gilman and Oliver C. Carpenter, covering the lands in controversy, and purporting to convey an interest in the property in question, and the deed contains this language: "Subject to any legal conveyance of any portion of said premises heretofore made." A similar deed was executed by another party at about the same time, but appellants say they make no claim under this last-named deed. The deed of May 21, 1907, is the cause of the trouble. Appellants claim that they have an interest under this deed, and also claim that the title did not vest in the heirs at the death of Frederick P. James, and will not until the death of his widow. Plaintiffs say that these parties in this deed had parted with all their interest in the property, and that they are estopped by their former conveyances, and by the decree in Osceola county; that the deed in question conveyed nothing, and, as we understand it, defendants concede this...
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