Ramsdell v. Ramsdell
| Decision Date | 19 July 1901 |
| Citation | 87 N.W. 81,128 Mich. 110 |
| Court | Michigan Supreme Court |
| Parties | RAMSDELL v. RAMSDELL et al. |
Appeal from circuit court, Ingham county, in chancery; Howard Wiest Judge.
Bill by Newton Ramsdell against John Ramsdell and others. From a decree in favor of complainant, defendants appeal. Reversed.
Cahill & Wood, for appellant John Ramsdell.
Lawton T. Hemans and L. B. McArthur, for appellee.
The bill in this cause was filed to set aside a deed made by Ransler Ramsdell on the 22d day of September, 1897, to his son John Ramsdell, the defendant, upon the grounds of undue influence and incompetency by reason of his insanity. The defendant answered, denying that the deed was executed by reason of undue influence, and denying that the grantor at the time of executing it was of unsound mind. Upon these two questions issue was joined, and the cause heard upon proofs taken in open court. A decree was made setting aside the deed on the ground that at the time of executing it the grantor was not of sound mind. From this decree defendant appeals.
Ransler Ramsdell died August 10, 1899, aged 87 years. He had lived on the farm where he died about 50 years. Up to the age of 52 years he had been a hard-working man, had cleared up at least two farms, and had taken an active interest in public affairs in his neighborhood. In 1864 it was noticed that he was mentally unbalanced, and he was taken to the asylum at Kalamazoo on October of that year. In December his wife brought him home, but he was not recovered, and in May, 1865 was taken to an asylum in Canandaigua, N.Y. He returned from that place alone in November of that year. Though he was not well, he kept improving, and no serious occurrence of his mental trouble was discovered until 1871. In May of that year he was adjudged insane by the probate court, and sent to the asylum at Kalamazoo, where he remained until the following October, when his wife brought him home although not fully recovered. He continued to improve in health, and in the summer of 1872 seemed to have fully regained his mental health. From the time of his first attack, in 1864, his manner of life, so far as engaging in public affairs, changed. He ceased to go to church or to town, never voted after that, and never personally managed his farm, but leased it to his boys. In 1872 his family consisted of John, the eldest, Van Ransler, and Newton, and his daughter, Ella Louise, who died in 1878, leaving a daughter. In 1873, being a short time after he returned from the asylum the last time, deceased conveyed to his two sons, Van Ransler and Newton, 80 acres of land jointly, which they subsequently divided between them. For many years complainant leased the home farm of his father on shares, giving his father one-third and taking two-third. From 1872 down to the fall of 1896 there was no recurrence of any active mental trouble, and the old gentleman lived quietly at home with his wife, transacting very little business. Occasionally he bought or sold some personal property and attended to minor affairs of his business. He also visited and received visits from the neighbors. He had always been a reader, and continued to be up to the time of his death. He had been a subscriber to the Detroit Free Press for over 50 years, which he read habitually. During the fall of 1896, and the winter and spring down to June, 1897, there was a recurrence of his mental trouble. His wife was very ill during the winter, and died on the 7th of July, 1897. During her illness his mind seemed to be seriously affected, and continued so until about the last of June, when it cleared up so that he became to all appearances perfectly quiet and rational, and so continued until after the deed was executed, on September 22, 1897, when he had another period of mental disturbance, lasting about three months, and from then on until his death these conditions of mental disorder recurred about once in three months, and lasted about three months. During the intervals he appeared to be rational, although feeble in health.
It appears that some time prior to 1864 the deceased had deeded to defendant 78 acres of land near the home farm, but he continued to live at home until he was 29 years of age working for his father on the home farm most of the time. He cleared up the land his father gave him, and raised crops upon it, giving his father about $1,200 as the proceeds of wheat raised on that land. Another piece of his land was afterwards sold for $1,200, and that money also went to his father toward the building of the house. Soon after the father returned from the asylum the last time, and in 1872, defendant moved to Kent county, and was gone three years. In 1875 he returned at the request of his father and mother, and lived with them five years. During that time he and his brothers, Newton and Van Ransler, worked the farm together. At the end of that time he went to Grand Rapids, and remained there three years, or until 1883, when his mother again wrote him to come home, and he returned. He took a lease of the place for five years, but only stayed one year and a half, when he returned to Grand Rapids, and stayed there until called back in May, 1897, by a latter from complainant's wife, telling him of his mother's serious illness. He came, expecting to return soon, but his mother having died on July 7th, and his father being in feeble health, he did not. He endeavored to persuade his father to go back with him to Grand Rapids, but this his father was not willing to do, but proposed to deed him his farm of 80 acres, and have defendant remain and take care of him. This defendant at first declined to consent to, but finally did consent, upon condition that Dr. Brown, who had been the family physician for 30 years, and Dr. Rowe and Mr. Gildart, an attorney at Stockbridge, should be called in to confer with him, and if they made up their minds that he was competent to make the deed he would take it. On September 23d the three named gentlemen were called to his house for...
To continue reading
Request your trial