Skeen v. Van Sickle

• Decision Date: 07 June 1928
• Docket Number: 4644
• Citation: 71 Utah 577,268 P. 562
• Court: Utah Supreme Court
• Parties: SKEEN et al. v. VAN SICKLE et al

268 P. 562

71 Utah 577

SKEEN et al. v. VAN SICKLE et al

No. 4644

Supreme Court of Utah

June 7, 1928

Appeal from District Court, Second District, Weber County; George S Barker, Judge.

Action by James M. Skeen and others against Rose Van Sickle and others. Judgment for defendants, and plaintiffs appeal.

REMANDED, with directions.

Pratt &amp Pratt, of Ogden, for appellants.

A. G Horn, C. R. Hollingsworth, and Roy D. Thatcher, all of Ogden, for respondents.

THURMAN, C. J. CHERRY, STRAUP, HANSEN, GIDEON, JJ., concur.

OPINION

THURMAN, C. J.

This is an action between certain heirs of William Skeen, deceased, concerning the ownership of several tracts of land situated in Weber county, Utah. It is alleged in the complaint that William Skeen died February 13, 1903; that prior to his death, to wit, August 9, 1892, he and his wife, Caroline Skeen, signed and acknowledged a certain instrument in writing purporting to convey and warrant to four of their sons (naming them) certain tracts of land in Weber and Box Elder counties; that on the same date the said William Skeen and his said wife signed and acknowledged another instrument purporting to convey and warrant divers tracts of land in Weber county to his said wife and their daughters Rosabelle Van Sickle, Lydia Taylor, Pearl Martin, and Ada Williams, said daughters being defendants in this action. The instruments will hereinafter be referred to in the order above named as Exhibits A. and B. It is alleged that both of these instruments, as well as the tracts of land described, were retained in the possession of said William Skeen during his lifetime; that on February 13, 1903, he died, leaving surviving him as his heirs at law his said wife and 13 children whose names are alleged in the complaint. It is further alleged that in February, 1903, after his death, the above written instruments were found among his papers, and a controversy arose among the aforesaid heirs as to the validity of said instruments and the rights of the 'grantees named therein to the property therein described, whereupon as a settlement of said controversy an agreement was entered into whereby the grantees named in Exhibit A. agreed to make no claim under said instrument and agreed that the property therein described might be distributed as part of the estate of said deceased in accordance with the law of succession, and in consideration thereof the grantees named in Exhibit B, defendants in this action, agreed to file Exhibit B for record, and convey all their right, title, and interest thereunder to their mother, the said Caroline Skeen, for her sole use and benefit during her lifetime, and said Caroline Skeen, in consideration thereof and by the terms of said agreement, underlook and agreed that after the settlement and distribution of said estate she would convey said property described in Exhibit B to her said children, namely, plaintiffs and defendants in this action, as tenants in common in equal undivided interests, but subject to her life estate; that thereafter, to wit, on February 25, 1903, said deed (Exhibit B) was filed for record in the office of the county recorder of Weber county and the defendants in this action by deed of conveyance on the date last aforesaid conveyed all their interest in said property described in Exhibit B to the said Caroline Skeen; that thereafter the tracts of land described in Exhibit A were inventoried as part of the estate of said William Skeen, and the same, together with other property, was afterwards distributed among his heirs at law in accordance with certain stipulations between them; that said Caroline Skeen took possession of the said property so conveyed to her by defendants and thereafter had the use and benefit of the same until October 25, 1925; that she, however, neglected, although requested so to do, to execute and convey to plaintiffs and defendants said tracts of land subject to her life estate; that on or about December 1, 1925, she died and her life estate in said tracts of land was thereby terminated; that for many years last past the said Caroline Skeen lived with her daughter Ada Williams, one of the defendants herein, and by reason of the age and inability of said Caroline Skeen to care for herself and her incompetency to manage her estate she has been subject to the domination of said daughter Ada Williams, who has had the management and control of her affairs.

It is then alleged in the complaint that the defendants in this action, except Ada Williams, on August 2, 1921, commenced an action in the district court of Weber county against the said Caroline Skeen and Ada Williams to annul the aforesaid deed executed by defendants herein whereby they conveyed the property described in Exhibit B to Caroline Skeen on February 25, 1903, on the ground, as alleged, that the execution thereof had been fraudulently procured and induced by representations made by the administrator of the estate of said William Skeen, which administrator represented to them that other heirs of the estate were questioning the validity of said conveyance, and that expensive litigation would result, and that it was necessary that they convey said property to their mother in order to avoid said litigation; that said administrator further represented that, if they conveyed the property back to their mother, Caroline Skeen, she would hold said property for them until the estate of William Skeen was probated and would then reconvey to them the interests they had held under their former deed; that in reliance upon said representations they executed and delivered a deed therefor to their mother. They prayed that the deed so executed be held for naught and demanded that their mother be required to reconvey the property to them. Said action terminated in favor of the plaintiffs therein and a decree was entered accordingly October 8, 1924, directing said Caroline Skeen to convey to the plaintiffs in that action and to Ada Williams, each, one-fifth undivided interest in said property.

It is further alleged by plaintiffs herein on their information and belief that, although said Ada Williams had charge and control of the defense of her mother Caroline Skeen in said action, she, nevertheless, aided and abetted plaintiffs therein in procuring said decree by reason of the benefit to herself resulting therefrom.

Plaintiffs pray judgment that they and the defendants be declared tenants in common of the property described in Exhibits A and B and that the decree of the court of October 8, 1924, be held for naught as far as concerns the interests of plaintiffs herein. Plaintiffs also party for a partition of the property and for costs, attorney's fees, and other relief in the premises.

Separate answers were filed by some of the defendants, but it is unnecessary to state them separately in this statement of the case. They each admit the execution of the deeds, Exhibits...