Signaigo v. Signaigo

• Decision Date: 17 May 1918
• Docket Number: No. 18,459.,18,459.
• Citation: 205 S.W. 23
• Parties: SIGNAIGO v. SIGNAIGO et al.
• Court: Missouri Supreme Court

205 S.W. 23

SIGNAIGO v. SIGNAIGO et al.

No. 18,459.

Supreme Court of Missouri. In Banc.

May 17, 1918.

Motion for Rehearing Denied June 13, 1918.

Appeal from St. Louis Circuit Court; William T. Jones, Judge.

Action by Ralph Signaigo against Mary Signaigo, administratrix, etc., and others, and Edna Amrein. From judgment for defendant Amrein, all other parties appeal. Affirmed.

This is a suit in partition begun December 3, 1909, by Ralph Signaigo against Dominic Signaigo and others, the parties being all the heirs of David J. Signaigo, deceased. He had made a will in favor of his wife on April 19, 1899, but she died July 2, 1909, while his death did not occur until October 30, 1909, so that he practically died intestate. Neither of them left descendants. The parties were his collateral relatives.

An interlocutory decree, directing a sale of the property and appointing a commissioner, was entered June 14, 1911. After the sale was advertised Miss Edna Amrein gave notice of her claim to the property, and on plaintiffs' motion the interlocutory decree was set aside, and on November 9 1911, the plaintiffs with leave filed a third petition, in which Miss Amrein was made a defendant Under the allegation that she claimed some interest in the property not admitted by plaintiff, and asking that she be required to assert any rights she might claim, to be determined by the court. Process issued against her, to which she appeared and answered. Her amended answer, upon which the trial was had, is as follows:

"Comes now the defendant Edna Amrein, and leave of court being first obtained, files this her amended answer to the plaintiff's amended petition tiled herein on November 9, 1911. Defendant admits that David J. Signaigo departed this life on the 30th day of October, 1909, and that at the time of his death he was seised and possessed in fee simple of the real estate described in plaintiff's said amended petition; and admits that Mary Signaigo, the wife of the said David J. Signaigo, departed this life on the 2d day of July, 1909; and admits that the said David J. Signaigo, prior to his death and prior to the death of his wife, Mary Signaigo, on the 2d day of July, 1909, made and executed a writing purporting to be his last will and testament, wherein he devised all of his property, real and personal, to his wife, Mary Signaigo, and that said David J. Signaigo, by said writing, made no other disposition `in reversion or remainder or otherwise, to take effect in the event of the death of the said Mary Signaigo, nor was any provision of any nature whatever made in said writing in the event of the happening of such contingency'; and admits that this defendant claims an interest in the property described in said amended petition, which said interest will appear from the facts hereinafter to be stated; and denies each and every other allegation contained in said amended petition.

"Further answering, defendant states that the Mary Signaigo, referred to in plaintiff's amended petition as the wife of the said David J. Signaigo, was a sister of Mrs. Laura F. Amrein, the wife of Edmund Amrein, and that said David J. Signaigo and his wife, Mary, were married on August 4, 1897, and never had any children of their own.

"Defendant further states that when she, the said defendant, was an infant under the age of 14 years, and on, to wit, about the 20th day of June, 1899, the said David J. Signaigo and Mary Signaigo, his wife, took this defendant from the care of her father and mother, Edmund Amrein and Laura F. Amrein, and placed her in their household, where this defendant remained continuously for over a year, during all of which time the said David J. Signaigo and Mary Signaigo, his wife, unceasingly attempted to induce the said Edmund and Laura F. Amrein, who had two other children, to give permission to them, the said David J. and Mary Signaigo, to adopt this defendant and keep her permanently as their child; that although the said Edmund and Laura F. Amrein did not at that time give their express consent to the said David J. and Mary Signaigo to an adoption of this defendant, nevertheless, this defendant consented to and did remain continuously in the household of the said David J. and Mary Signaigo, they claiming her as their adopted child until about the 11th day of October", 1900, when it was expressly agreed by the said Edmund Amrein and his wife, Laura F. Amrein, that this defendant should have permission from him to remain permanently with the said David J. and Mary Signaigo, as their child, but that this defendant should retain, however, the surname of her natural parents. And, in consideration therefor, and of her agreement to live with them as" their child, the said David J. and Mary Signaigo promised this defendant that they would adopt and treat her as their own child and would make her their heir, and that she would receive all their property at their death.

"And defendant states that, at the time she did so consent to enter the household of David J. and Mary Signaigo, and her father and mother did likewise consent for her so to do, her father, Edmund Amrein, and her mother, Laura F. Amrein, were making a comfortable living for themselves and family, including this defendant, and that this defendant was well cared for and well provided for by her said parents; that she was receiving a splendid education in the public schools of the city of St. Louis, was likewise receiving ah education in music, and was otherwise gaining all the accomplishments that fond parents in moderate circumstances could afford to give to a daughter; that she on her part loved her father and mother and enjoyed her daily association with them; that she had two sisters whom she loved with all the affection that nature ordinarily bestows upon sisters, and lived a happy, carefree life in their companionship; that the said David J. Signaigo and Mary Signaigo at this time were nearing their decline in life, and although they loved and wanted children, they had none, and, moreover, the said David J. Signaigo was estranged from all his near relatives and remained so estranged until his death, and that at said time he owned all the property, or nearly all, now owned by his estate; that after a long period of urgent persuasion, as heretofore set forth, this defendant was induced to leave her father and mother and sisters, and to become, in fact, the adopted daughter of the said David J. Signaigo and Mary Signaigo; that her parents by the said persuasion were induced to give up the said defendant to the said David J. and Mary Signaigo to be their daughter, and to surrender all custody and control of defendant to them, with the one condition, as aforesaid, that she should retain the name naturally belonging to her; that the sole and only consideration that the said David J. and Mary Signaigo were able to offer to her and her parents for giving up all that was dear to her in this life and becoming the daughter of said David J. and Mary Signaigo was a promise and agreement on their part to adopt and rear her as their own child and to make her their heir; and that the said David J. and Mary Signaigo did agree with her, and also with her natural father, Edmund Amrein, that they would adopt and rear her as their own child and would leave her al] of whatever property they might have at their death; that, from that time on until the death of Mary Signaigo, on July 2, 1909, this defendant continued to reside in the household of the said David J. Signaigo and Mary Signaigo, and was trusted by them as their child, and was told from time to time that she `would some time have all they had,' and this defendant gave to them the filial love and performer all the duties which a daughter owed to natural parents, and the said David J. and Mary Signaigo treated her, in all respects, as a natural daughter, and at their request gave up the pursuit of that training which would have fitted her for making her own living as would he fitted for a child of parents in only moderate circumstances, and instead pursued those arts, cultivated those tastes, and sought those accomplishments which, though they disqualified her from making her own living, were suitable for a child of well-to-do parents, such as her adopted parents were; that during the last illness of Mary Signaigo in 1909, this defendant nursed the said Mary Signaigo and took care of her in all respects as if she were a daughter of the said David J. and Mary Signaigo; that after the death of said Mary Signaigo the said David J. Signaigo continued to treat defendant in all respects as if she wire his daughter, and this defendant continued at all times until his death to render to him the services and to yield to him all the affection and obedience due from child to father; and that this defendant at all such times supposed that the said David J. Signaigo would leave to her his property as if she were his child, and as he had promised, and this defendant supposed that at all such times she was in law, as well as in fact, the adopted daughter of the said David J. Signaigo.

"Defendant states that not long after the death of Mary Signaigo the said David J. Signaigo died very suddenly on, to wit, the 30th day of October, 1909, leaving as his will and testament an instrument in writing which he had made and executed before the death of his wife, Mary Signaigo, wherein he devised all his property, real and personal to his wife, Mary Signaigo.

"Defendant further states that no deed of adoption, adopting her as their child, was ever in fact executed and recorded by the said David J. and Mary Signaigo, or either of them, as required by law, for the formal adoption of a child.

"Defendant further states that the plaintiff and the other defendants herein now deny her said right to the property of the said David J. Signaigo, described in said amended petition, and threaten to take and appropriate the estate of the said David...