Sibley v. Somers

• Decision Date: 26 October 1901
• Parties: SIBLEY v. SOMERS.
• Court: New Jersey Court of Chancery

50 A. 321

62 N.J.E. 595

SIBLEY

v. SOMERS.

Court of Chancery of New Jersey.

Oct. 26, 1901.

Bill to set aside a conveyance by an alleged insane person, by Lizzie Sibley against Isabel C. Somers, in which defendant died pending the suit, and her father and executor, Japhet Somers, was admitted as defendant. Bill dismissed.

George A. Bourgeois, for complainant.

D. J. Pancoast, for defendant.

GREY, V. C. (orally). I have had an opportunity pending the argument to look at all of the pertinent authorities to which counsel have referred, and can presently pass upon the questions in dispute as satisfactorily as if they were retained for further consideration.

The bill of complaint in this cause is filed by Lizzie Sibley, a granddaughter of Jane Somers, deceased. As originally filed, Isabel C. Somers, another granddaughter of Jane Somers, was the only defendant. The substantial allegations of the bill are that Jane Somers for a period of 10 years or more prior to her death was of unsound mind, and unable to transact the ordinary business affairs of life; that, being in that condition of mind, she on October 30, 1805, executed an agreement in writing purporting to convey one—half of her interest in the estate of Elizabeth Petty, deceased, to Isabel C. Somers. The agreement is then set out at length in the bill, as follows:

"Agreement. Jane Somers to Isabel C. Somers. Dated October 30th, 1895. Recorded May 17th, 1897, in Agreement Book 4, page 6. This agreement witnesseth that I, Jane Somers, of Scullville, in the county of Atlantic, state of New Jersey, in consideration of the love and affection which I have for my granddaughter Isabel C. Somers, and for other good and valuable consideration, do hereby bargain, sell, grant, assign, transfer, and convey to her an equal one—half interest in and to all my right, demand, and interest in the estate of Elizabeth Petty, deceased, including all money, goods, chattels, and property of every kind which I am now or may hereinafter be entitled to from said estate, subject, however, to a lifetime right in the same reserved to myself; the true intent and meaning of this instrument being to give to her the same now, to become hers absolutely at my death, when I am through with the use of it. In witness whereof, I have hereto set my hand and seal this thirtieth day of October, A. D. 1895.

"Jane Somers.

"Signed, sealed, and delivered in the presence of [signed] Joseph Scull."

The bill further alleges that Isabel C. Somers was frequently and almost constantly in company with Jane Somers, and that, by means of false and delusive statements, Isabel unduly influenced Jane to execute the agreement in question upon merely colorable consideration. It further alleges that Jane had completely lost her power of reason and her mental faculties, and was incapable in law of executing such an agreement, either with Isabel or with anybody else. The prayor of the bill is for answer, etc., without oath, and that the conveyance or agreement in question may be decreed to be null and void against the complainant. Isabel C. Somers, the defendant, answered the bill, and denied the alleged infirmity, unsoundness of mind, and incapacity of her grandmother Jane Somers, denied the exercise of any undue influence upon her, and averred the truth to be that her said grandmother made the agreement voluntarily, without any undue influence. Pending the suit the defendant, Isabel C. Somers, died testate, appointing her father, Japhet Somers, executor of her will, and residuary legatee of her estate. He has been admitted as defendant in this suit, and it has come to a hearing since that time without any formal answer or adoption of her answer on his part. Both the complainant and defendant have treated the answer of Isabel C. Somers as raising the issues on which the cause has been tried. Issue has been joined on it, and testimony taken on that issue. I will follow their action, accepting that answer as the pleading of the defendant on which the case shall be considered.

The bill charges that the agreement is a nullity and void because of the incapacity of Jane Somers, the grantor in it, and because of the exercise of an undue influence by Isabel C. Somers, the grantee, to obtain it. It may just as well be stated at the beginning that there is no evidence in the cause which would support a decree that any influence, undue or otherwise, was exercised by Isabel C. Somers, as is alleged and charged in the bill. The testimony of the complainant's own witnesses tends to prove that Isabel was rarely in attendance on her grandmother, and no proof whatever was offered to show that she in any way induced the making of the disputed contract. The testimony offered has been directed almost wholly to an effort to prove that Mrs. Jane Somers was a lunatic, incapable of making any contract whatever, not only at the time she made this agreement, but that for years before she had been so mentally deranged as to be incapable of transacting any business. The proofs do show that there were many times that Mrs. Somers did many odd and eccentric things, but the complainant's own witnesses who narrated these incidents testified that they dealt with her again and again in the ordinary affairs of life, in buying and selling, and making and executing contracts. Her dealings, it is true, were of trifling character, because her circumstances were limited, and her situation in life such that she had no occasion for large transactions. She sold cakes and milk, and the very persons who...