Stanfield v. Hennegar

• Decision Date: 02 June 1914
• Docket Number: No. 15989.,15989.
• Citation: 167 S.W. 1036,259 Mo. 41
• Parties: STANFIELD et al. v. HENNEGAR.
• Court: Missouri Supreme Court

167 S.W. 1036

259 Mo. 41

STANFIELD et al. v. HENNEGAR.

No. 15989.

Supreme Court of Missouri, Division No. 1.

June 2, 1914.

1. DEEDS (§ 211)—VALIDITY—EVIDENCE OF MENTAL CAPACITY.

In a suit to cancel a deed from a father to his daughter, evidence held to sustain a finding that the father was of sound mind when he executed the deed.

2. DEEDS (§ 211)—VALIDITY—EVIDENCE— UNDUE INFLUENCE.

In a suit to cancel a deed from a father to one of his daughters, who lived with him and cared for him, etc., evidence held to sustain a finding that the deed was not procured by undue influence.

3. DEEDS (§ 196)—VALIDITY—UNDUE INFLUENCE —PRESUMPTION.

That a daughter resided with her aged father as his housekeeper, companion, and nurse, did not raise a presumption that a deed, whereby the father conveyed to her one-half his farm, was procured by undue influence.

Appeal from Circuit Court, Greene County; James T. Neville, Judge.

Suit by Susan Stanfield and others against Sarah J. Hennegar. Judgment for defendant, and plaintiffs appeal. Affirmed.

This suit was begun in the Greene county circuit court September 3, 1907. Its object is to cancel a deed made by George Creason, deceased, in his lifetime, which purports to convey to his daughter, the defendant, 47½ acres of land, being the west part of the home farm owned and occupied by him during his life with buildings thereon. The plaintiffs are Susan Stanfield and Elizabeth Morton, two daughters of George Creason, the plaintiff Thomas J. Creason, one of four living sons, and also the children of two deceased daughters. The sons not parties to the suit are Robert J. Creason, James H. Creason, and John T. Creason. These plaintiffs and defendant, together with the three sons last named, are the only heirs of George Creason, who left a will which does not, so far as any purpose of this suit is concerned, change the course of their inheritance, and we will accordingly ignore it. The grounds stated in the petition for the relief asked are mental incapacity of the grantor and undue influence over him by the grantee.

Mr. George Creason died January 21, 1906, aged 88 years. His wife had then been dead about 14 years. His daughter, Mrs. Hennegar, the defendant, was married quite young, and had two children. Her husband then died, and she came with her children to reside with her father and mother about 1870, and continued to reside with them during the entire 35 or 36 years intervening between that time and her father's death. Mr. Creason, although uneducated, was a man of great force and intelligence. Mr. Forrester, his brother-in-law, a minister of the gospel, testified for plaintiff, and described him as follows:

"Previous to his affliction, I don't think I ever knew a common man, just an ordinary uneducated man, who had as strong a mind and as much business qualifications as George Creason had. He had a discerning mind, a penetrating mind, and he kept his business straight."

Mr. Creason's health began to fail in consequence of some kidney or bladder trouble, which also seemed to affect his heart, and he had attacks of difficult breathing, although under ordinary conditions it did not interfere with his ability to get around and attend to his business. During this time he frequently expressed his intention to convey to Mrs. Hennegar the land in controversy here, which he described as the west part of his home place, including the buildings and well, for the purpose of securing her a home. He called her Kittie, and said that he wanted her to have that home, that she had been there with him, and that he intended that she should have it. He had one of his bad spells, which began about the 28th of May, 1905, when Dr. Brown was called to attend him. When these came he could not lie down with comfort, and would sit in his chair on the porch. He was broken up nervously, and was afraid of death, saying that he did not care about dying, but that it was the pain and punishment that preceded it which he dreaded. Mr. Wood, a neighbor, called to see him, and he asked him to see Judge Bristow, who seems to have been a neighboring justice of the peace, and to ask him to come around and make the deed. Squire Bristow came on May 31st for that purpose. Mr. Forrester and Dr. Brown, who was making his call that day, were there, as were also Thomas and Robert Creason. The boundaries of the tract he desired to convey to Mrs. Hennegar were very irregular, and it was questionable how much land off the west side it would take to include the buildings, and the boys stepped it off and ascertained to their satisfaction, and apparently to the satisfaction of their father, where the line should run. Squire Bristow then began to struggle with the description but gave it up. Dr. Brown, who thought he could do it, then tried and was unable to get it right, and the result was that they advised Mr. Creason to get a lawyer to write the deed. He was considerably perturbed at this, saying, in substance, that he was afraid he might die before the next day. He was acquainted with the Gideons, and at first talked about getting Tom Gideon to do it, but at Mr. Forrester's suggestion he told his son James to go and get Mr. Murrey. James had brought him the blanks for the purpose a month or six weeks before, and had talked over with him what he wanted to do, and understood that Mrs. Hennegar was to have the west side, and Charley was to have the other side of the place, and also a building lot near the barn and house, so that he would be handy to them, and was to pay the girls $1,200, which was about its fair value, and was to be secured on the land. It was arranged before they separated that Squire Bristow was to return the next day to take the acknowledgment of the deeds. James took the old deeds into town the next morning, and had Mr. Murrey write the deeds to Mrs. Hennegar and Charley, and brought them back and left them with his father, who executed them the same day in the presence of Mr. Forrester and some of the family, and the acknowledgments were taken by Mr. Bristow. The object of making the deed to Charley was twofold. It enabled him to build on the land and be near his mother, and it converted the land into money for distribution, as had been already provided in his will. James testified that his father sent for him and told him he wanted him to go to town and get the deeds, and that he said:

"Father, if nothing else will do you, I guess I can come and get the old deeds."

His father said:

"What is the matter with you?"

James said:

"When it comes to a show-down, I will tell you. I don't believe it is right the way you are going to make the deeds."

During this talk Mrs. Hennegar came in and wanted to know if he (James) was going to beat her out of it, and he told her, "No." He testified that he said:

"I told her I thought it wouldn't beat her out of it if we raised her children and took care of them, and I didn't think she ought to have it. It was worth something to raise the children."

He further testified that when Mrs. Hennegar came to her father's she had two children, Charley and a daughter two or three years old. She came after her husband's death, and had some property and helped support her children as well as any of them. She made her home there and helped the same as before her marriage, and all helped to take care of her.

Dr. Brown, the attending physician, had known Mr. Creason ever since he (the doctor) was a lad, and was his physician the last years of his life. He testified as follows:

"I treated him in a little spell before his last spell; his physical condition in May and June, 1905, was very bad. I heard some conversations when Mr. Bristow and Mr. Forrester were there about some deeds. My first visit was made May 28th. I was called to see him; called, I think, late in the afternoon, stayed all night with him; was there the 29th twice, remained almost all night. Was there twice on the 30th, memorandum in book, `detained'; stayed some time until he got quieted; called next day once, remained perhaps as much as two hours, called once June 1st, stayed an hour or two. I visited him until June 19th. Q. Now, independent of your book, you recollect having been there on those...