Ruckert v. Moore

• Decision Date: 24 May 1927
• Docket Number: No. 25557.,25557.
• Citation: 295 S.W. 794
• Parties: RUCKERT v. MOORE.
• Court: Missouri Supreme Court

295 S.W. 794

RUCKERT v. MOORE.

No. 25557.

Supreme Court of Missouri, Division No. 1.

May 24, 1927.

Appeal from Circuit Court, Lawrence County; Charles L. Henson, Judge.

Action by Harry O. Ruckert, guardian of the person and estate of John G. Ruckert, against Katie Moore, wherein defendant filed a cross-bill. Judgment dismissing plaintiff's bill and for defendant on the cross-bill, and plaintiff appeals. Affirmed as to judgment of dismissal, and reversed as to that part of judgment which was responsive to defendant's cross-bill.

Charles R. Landrum, of Mountain View, and Robert Stemmons, of Mt. Vernon, for appellant.

William B. Skinner, of Springfield, for respondent.

SEDDON, C.

This is an action brought by plaintiff, in a representative capacity as guardian of the person and estate of John G. Ruckert, to set aside a deed made, executed, and delivered by said John G. Ruckert on August 2, 1923, whereby he conveyed 40 acres of land in Lawrence county to defendant. Plaintiff is a son, and defendant is a daughter, of said John G. Ruckert. On July 30, 1923, an information was made and filed by plaintiff, Harry 0. Ruckert, and a brother, J. B. Ruckert, in the probate court of Lawrence county, informing that court that "J. G. Ruckert is a person incapable of managing his affairs," and praying that "inquiry be had relative to said matter." Notice of the filing of said information, directed to J. G. Ruckert, was issued by said probate court on July 30, 1923, reciting that a hearing in said matter was set for August 6, 1923, which notice was served upon said J. G. Ruckert in person by the sheriff of said county on July 30, 1923. On August 6, 1923, an order was entered by the probate court of Lawrence county adjudging J. G. Ruckert to be "a person of unsound mind and incapable of managing his affairs," and appointing H. 0. Ruckert, plaintiff herein, as the guardian of the person and estate of said J. G. Ruckert. It therefore appears from the pleadings and the proof that the deed sought to be cancelled herein was executed and delivered by John G. Ruckert. about three days after the filing of the information in the probate court and about four days before the inquiry and adjudication aforesaid, resulting in the appointment of plaintiff as the guardian of the person and estate of J. G. Ruckert.

The petition alleges:

"Plaintiff for cause of action states that he is the duly appointed and legally qualified, and now acting, guardian of the person and estate of John G. Ruckert; that the said John G. Ruckert is the father of the plaintiff, guardian as aforesaid, and also father of the defendant, Katie Moore, née Ruckert.

"The plaintiff states: That his ward was, at the time of the execution of the deed hereinafter complained of, the owner in fee simple of the following described land, lying, being, and situate in Lawrence county, Mo., described as follows, to wit: The northwest quarter of the northeast quarter of section four (4), township twenty-eight (28), range twenty-six (26), containing forty acres, more or less. That on August 2, 1923, his said ward, John G. Ruckert, executed to the defendant herein a warranty deed conveying the land hereinbefore described for a consideration mentioned in said deed of one dollar and services rendered grantor and his deceased wife. That a provision was inserted in said deed reserving to the grantor use of said land during his natural lifetime. That said deed is recorded in Book 147, at page 103, in the office of the recorder of deeds for Lawrence county.

"Plaintiff says: That, at the time of the execution of said deed, his ward, John G. Ruckert, was of the age of 86 years, weakened in body and mind, and incapable of managing his affairs or transacting business of any kind or nature. That, at the time of the execution of said deed, information had been filed with the judge of probate in the probate court of Lawrence county, Mo., to wit, July 30, 1923, informing said court of the incapacity of the said John G. Ruckert to manage his affairs; that thereupon a hearing was had in said court on August 6, 1923, after due notice to the said John G. Ruckert, and on such hearing the said John G. Ruckert was by the said probate court adjudged incapable of managing his affairs.

"Plaintiff says that the defendant had full knowledge of all of said proceedings in probate court, sanctioned, advised, and concurred in said proceedings; that defendant, knowing the weakened condition in body and mind of the said John G. Ruckert and his incapacity to manage his affairs, used, or caused and permitted to be used, improper and undue influence on the said John G. Ruckert, on account of which resulted in the execution of the deed herein mentioned.

"Wherefore plaintiff prays that said conveyance be set aside and for naught held; that the title to the said land be divested out of the defendant, and vested in the said John G. Ruckert, and for such other and further relief as to the court may seem meet and just"

The answer recites:

"Comes now the defendant, and for answer to plaintiff's petition denies each and every allegation in said petition contained, except the alleged execution of the deed by John G. Ruckert to defendant.

"Further answering, the defendant says that on the 2d day of August, A. D. 1923, John G. Ruckert, being then the owner of the northwest quarter of the northeast quarter of section four, township twenty-eight, range twenty-six, in Lawrence county, Mo., for a good, valuable, and sufficient consideration, by his deed, duly executed, conveyed the same to this defendant, the said deed being the same one mentioned in plaintiff's petition.

"Wherefore defendant prays the court by its judgment herein to affirm and confirm such deed and to decree the same to be valid and sufficient in all things, fully vesting the legal title to the real estate described therein in the defendant."

The reply is as follows:

"Comes now the plaintiff in the above-entitled cause, and, for reply to defendant's answer herein, denies that the deed executed by John G. Ruckert on the 2d day of August, 1923, to the defendant was given for a good, valuable, or sufficient consideration.

"For further reply, the plaintiff states that the said defendant advised, counseled, and procured an information to be filed in the probate court of Lawrence county, Mo. charging and alleging that said John G. Ruckert was a person of unsound mind, and incapable of managing his affairs, and thereafter obtained said deed from said John G. Ruckert previous to the adjudication of insanity by said probate court.

"The plaintiff therefore states that the defendant is estopped to deny the invalidity of said deed on account of the mental incapacity of said John G. Ruckert."

Plaintiff, in support of the cause of action alleged in the petition, introduced in evidence the original information, the original notice of the proceeding, and the return of the sheriff thereon, and the order adjudging J. G. Ruckert to be a person of unsound mind and incapable of managing his affairs and appointing plaintiff as the guardian of the person and estate of J. G. Ruckert, all as filed and entered of record in the probate court of Lawrence county in the matter of the insanity proceeding against J. G. Ruckert. Inasmuch as these files and record have a direct bearing upon the question of the jurisdiction of the probate court of Lawrence county in the insanity proceeding, the validity of its orders made therein, and the probative effect and the conclusiveness thereof in the instant suit, we will quote the files and record of the probate court in hæc verba.

The information filed in the probate court reads:

"Come now J. B. Ruckert and H. O. Ruckert and inform the court that J. G. Ruckert, a resident of Lawrence county, Missouri, is a person incapable of managing his affairs, and pray that inquiry be had relative to said matter and if said J. G. Ruckert is found to be incompetent that a guardian be appointed for him and his estate.

                                                      J. B. Ruckert
                                                   "H. O. Ruckert
                

"Subscribed and sworn to before me this 30th day of July, 1923.

                   "[Seal.]         Eldred Seneker
                                      "Judge of Probate."
                

The notice of the insanity proceeding and of the date of the hearing or inquisition, directed to, and served upon, J. G. Ruckert, is as follows:

                           "Notice
                "State of Missouri, County of Lawrence, se
                            "In the Probate Court.
                "In the Matter of the Alleged Incompetency
                              of J. G. Ruckert.
                

"To J. G. Ruckert: This is to inform you that information in writing has been filed in this court alleging that you are incapable of managing your affairs and praying that inquiry be had relative to said matter.

"Wherefore, I have set Monday, August 6th, 1923, at 10 a. m., for the hearing of said cause, at which time and place you may be present if you see fit.

"In testimony whereof, I have hereunto set my hand and affixed the seal of said court,. at office in Mt. Vernon, this 30th day of July, 1923.

                   "[Seal.]         Eldred Seneker,
                                       "Judge of Probate."
                

Indorsed on the back thereof is the following:

"I hereby certify that I have served the within notice in the county of Lawrence and state of Missouri this 30th day of July, 1923, by delivering to the within named J. G. Ruckert a true copy of this notice.

                               "R. C. McCorkhill,
                      "Sheriff of Lawrence County, Mo."
                

The order entered in the insanity proceeding by said probate court on August 6, 1923, is as follows:

"Comes now to be heard the information filed herein alleging that J. G. Ruckert is a person incapable of managing his affairs and praying for a hearing relative to said matter.

"This cause coming on to be heard and the court sitting as a jury finds that said J. G. Ruckert has been informed of this hearing by notice served on him; that he is not present but is...