Roberts v. Chase
Decision Date | 16 February 1942 |
Citation | 166 S.W.2d 641,25 Tenn.App. 636 |
Parties | ROBERTS v. CHASE et al. |
Court | Tennessee Court of Appeals |
Certiorari Denied by Supreme Court December 5, 1942.
Appeal from Chancery Court, Davidson County; James B. Newman Chancellor.
Suit by Mary Rice Roberts, widow and ancillary administratrix of M S. Roberts, deceased, against Irvine G. Chase and others to set aside a deed by which the deceased conveyed certain mortgages and securities. From a decree for defendants plaintiff appeals.
Reversed and remanded.
J. G. Lackey and R. C. Boyce, both of Nashville, and Elmore Cohen, of West Palm Beach, Fla., for appellant.
Samuel N. Harwood, of Nashville, for appellees.
Mary Rice Roberts, widow and ancillary administratrix of M. S. Roberts, deceased, filed the bill herein to set aside a deed by which he conveyed to M. S. Roberts, Jr., and Rena Roberts Donnell, his children by a former marriage, $40,000 of mortgages recited to be in the hands of his agent, Irvine G. Chase; and to have an accounting by the agent. E. B. Donnell, husband of Rena Roberts Donnell, was also joined as a defendant.
M. S. Roberts died October 4, 1933, at his home in West Palm Beach, Florida. He was survived by his widow, the complainant, and their two children, Jack Rice Roberts and James Benton Roberts, and his two children by his first marriage, defendants M. S. Roberts, Jr., and Rena Roberts Donnell. Excluding the securities in dispute, the only property he left was his residence worth about $4,000, a farm worth about $3,000, shares in Gray and Dudley Company worth $2,700, and some lots worth $300 or $400. He left a will dated April 22, 1924, the same day the deed was signed. The will directed the payment of his debts, gave the rest of his estate equally to his wife and their two children, and named M. S. Roberts, Jr., as executor and trustee without bond.
Both the will and the deed of the $40,000 of securities to M. S. Roberts, Jr., and Rena Roberts Donnell were written by her husband, Judge E. B. Donnell, son-in-law and attorney of M. S. Roberts. Both documents were signed at the attorney's office in the presence of him, Mrs. Donnell and M. S. Roberts, Jr., and witnessed by two young ladies employed in the office. The deed was also acknowledged to be recorded, but was never recorded and was kept a secret from the wife and younger children of M. S. Roberts for nine and one-half years and until after his death.
After his funeral Judge and Mrs. Donnell and M. S. Roberts, Jr., brought the will to complainant's home and read it, but said nothing about the deed. M. S. Roberts, Jr., executor and trustee, then went through his father's personal papers, and took away such as he desired. A day or two later he came back and told complainant that for want of money she would have to stop her older son from school; and, on being asked about the $40,000 her husband had invested in Nashville, he said that belonged to Mrs. Donnell and himself. But it was not until after she had come to Nashville and had two or three meetings with Chase and M. S. Roberts, Jr., that she finally learned about the deed. It was as follows:
six per cent. per annum realized from said mortgage and securities during the life time of the Grantor. It is understood and agreed that it is the desire of the Grantor that the said principal sum shall be handled by the Grantees through Irvine G. Chase in substantially the same manner that it has been handled heretofore by the Grantor.
Just after signing this deed, M. S. Roberts executed the will, which was as follows:
Name
West Palm Beach, Fla.
Address
(Signed) Margaret Baggs
Name
West Palm Beach, Fla.
Address."
M. S Roberts, Jr., executor and t...
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