Ransom's Estate, In re

• Decision Date: 10 February 1953
• Docket Number: No. 48089,48089
• Citation: 244 Iowa 343,57 N.W.2d 89
• Parties: In re RANSOM'S ESTATE. TAYLOR et al. v. HARRIS et al.
• Court: Iowa Supreme Court

Page 89

57 N.W.2d 89

244 Iowa 343

In re RANSOM'S ESTATE TAYLOR et al. v. HARRIS et al.

No. 48089.

Supreme Court of Iowa.

Feb. 10, 1953.

George A. Milani and Guernsey & Powers, of Centerville, for appellants.

Stuart & Stuart, of Chariton, for appellees.

BLISS, Justice.

The testator lacked a few days of being 86 years and 6 months old at his death on May 14, 1950. The primary cause of his death was pneumonia. He made his last will on January 27, 1950. Its due execution is not challenged. He had never married, and all those, who might be considered as having any claims upon his bounty by reason of kinship, were collateral heirs, none of whom had a closer relationship to him than that of niece or nephew.

He was a farmer by occupation and actively engaged as such until the last years of his life, and during this last period he looked after and managed his land, but leased it to others. By his industry, thrift, and good business judgment, he had acquired approximately 1100 acres of farm land, some town property, and substantial balances in three or more banks, at the time of his death.

He and his brother, Joseph Hooker Ransom, who was also a bachelor, after the death of their parents, continued to live in the old parental home, just north of the corporate limits of the town of Moulton, in Appanoose County. The two brothers owned between 1,600 and 1,700 acres of land. Joe died, apparently intestate, on or about 1935. They had lived alone in the old home. Although the pertinence of the fact to this proceeding is not clearly apparent, it appears that, Uncle Abe, as he was called by everyone, and Joe were bound and robbed in their home one noght, by assailants whom Abe recognized as relatives of him and Joe. The booty was only $7.20, and there was no criminal prosecution, and the record discloses nothing further respecting the identity of the robbers.

Shortly after Joe's death, Abe closed the old home leaving it furnished, but not occupied by anyone. On a part of his property, and near his home, at this time, Mrs. Nora K. Probasco was operating what is spoken of as a nursing home, and as an old-people's home. Mr. Probasco had died and her second husband, a Mr. Clark, had also died. Abe Ransom began living in this home in 1937 of 1938. He enjoyed living there and so expressed himself to different ones. He was well cared for. Mrs. Probasco set a good table. He enjoyed the companionship of old friends and acquaintances who were also inmates of the home. Much of his land was conveniently accessible to the home, which enabled him to give it proper attention and lightened his labors in doing so. Until his physical infirmities interfered he spent much of his time in repairing fences and buildings, or in supervising the work. In 1942, or about that time, he was very sick with pneumonia, to the extent that it was doubtful whether he would recover. He was confined to his bed and premises for three months. He had excellent care and completely recovered. He appreciated what was done for him and suggested to Mrs. Probasco that the home should be enlarged and improved so that more inmates could be benefited.

About the year 1945, he made plans to move a vacant house from Moulton out to the Probasco Home. When Orpha Taylor learned of the plan she protested to Uncle Abe, but he was not dissuaded. She made known her objections to others and stated that the plan would cause trouble, and information came to Abe, directly or indirectly from Orpha, that she had said the house would never be moved. But Abe employed a house mover to take the house off its foundation and move it. While the house was jacked up on the foundation a bale of straw was found under it which had been ignited but the fire had smothered out or had been put out. The house mover informed Abe that he had been told not to move the house. All of his adult life Abe had been known as a man of determination. The house was moved to the Probasco Home, and Abe had a basement excavated under it, and the two houses joined, a heating plant installed and other remodeling done. In showing the improvement to others he expressed his pleasure at making the home a better place for the inmates, and his inability to understand why anyone would object to what he had done.

Abe, naturally, grew physically feebler with his increasing age. His heart was somewhat impaired. But he insisted on giving attention to his property, though he always left word with someone at the home just where he was going and where he could be found. Sometimes he would be late returning, and Mrs. Probasco or some of the inmates would worry about him. On these occasions Mrs. Probasco would send Mr. Ware, or Henry Lauderback, or they would go of their own volition, to look for Abe. Mr. Lauderback, about 10 years younger than Abe, lived at the home. He testified that he usually found Abe at the place where he said he would be, trying to complete the particular work he was doing, and that Abe was usually somewhat irked because he came for him, and would remark in substance, that he knew how he got there and he knew the way back.

During the last year or two years of his life, Abe had increasing difficulty in controlling the evacuation of his kidneys and his bowels, and would sometimes fail to make timely access to the toilet. His clothing and his bedding needed more frequent attention. He regretted this very much and was greatly embarrassed. This infirmity confined him more closely to the Probasco premises, or to his old home, which was about a quarter of a mile distant. During these years most of his business transactions in selling hay, grain, and other farm products were consummated by the purchasers calling on him at the home. The price would be agreed upon and the purchaser would go to the particular farm to get what he had bought, and would return with the weights and make settlement with Abe. He handled the sales and the settlements without assistance from anyone up to the time of his last sickness. Because of doing business in this way he often had large sums of money at the home. Sometimes he would take it to the bank, but more often Mrs. Probasco or Mr. Lauderback would make the deposits. Mrs. Probasco kept his books of account during his last year. She also wrote the body of his bank check on occasion, but he invariably signed his name to it. His signature was written with a large bold hand with no indication of any tremor. If a check was payable to Abe Ransom, he indorsed it just that way, but if it was payable to A. L. Ransom, that was the way he indorsed it. He wrote the 'A. L.' with a single flourish, placing the 'L' within the loop of a large 'A'.

Abe Ransom was always a sincerely religious man. He not only supported the Christian Church of Moulton, which he regularly attended, but he daily lived the life of a Christian. He was scrupulously honest in all of his dealings all of his life. There is no evidence in the record to the contrary. One or two witnesses said he was close in money matters, and even stingy. No incidents are shown to sustain the last statement. He was conservative and a sound investor. He insisted upon full payment of financial obligations owing him, but he was just as insistent in the exact and full payment of his own obligations. One witness related that he bought a quantity of hay from Abe, who told him to get the hay and have it weighed and leave the money--a cent a pound or $20 a ton with the weighmaster. When Abe called for the money he somputed what was due him, and found that the purchaser had left a dime too much. He walked to the purchaser's home in the country and returned the dime. The purchaser remonstrated with him for doing so, and Abe replied: 'If you had owed me the dime I would have come after it.'

In 1927, or thereabout, the Christian Church in Moulton burned to the ground. It cost $30,000 to replace it, and Abe and Joe paid $10,000 of that amount. He was one of the founders of the church. He was on the board of elders. He was superintendent of the Sunday School and taught the Bible class. This went on for years. He was a student of the Bible and read it daily. Wherever he was, and at every meal, he said grace and gave thanks for the food. He continued to thus practice his religion until prevented by his last sickness.

A few years before his death he was not reelected as an elder of the church and another took his place as teacher of the Bible class. This hurt him very much. Because thereof, and because of the physical infirmity we have mentioned, which later afflicted him, he did not attend church during his last years. There was testimony that he said the Democrats were running the church and kicked him out. He was and always had been an ardent Republican and criticised President Roosevelt (F. D.) for his wasteful spending. A year or two after being relieved as an elder he was made an honorary elder, a position without any duties or responsibilities. He had never been one to accept favors, and the hurt he had received was not eased. He continued to practice his religion though not a church attendant. He read his Bible daily at the old people's home and he gave thanks at every meal there. Mr. Lauderback testified that he and Abe roomed together at the Probasco home when Abe first came there, but because he (Lauderback) occasionally used profane language, Abe insisted on having a separate room for himself. He had always been honest in his transactions with others. His word was always good and he respected the word of others. His land was operated by many tenants for many years without a written lease. One witness had been such a tenant for 19 years.

After the death of his brother, Joe, the latter's land was disposed of by a partition action. Abe acquired most of it. He thought the estate had not been handled with proper expedition. He had also had a will drawn by the Valentine law firm and a later will drawn by Ed P. Powers. John B. Taylor,...