Upshur v. Briscoe

• Decision Date: 02 February 1891
• Citation: 11 S.Ct. 313,138 U.S. 365,34 L.Ed. 931
• Parties: UPSHUR et al. v. BRISCOE et al
• Court: U.S. Supreme Court

138 U.S. 365

11 S.Ct. 313

34 L.Ed. 931

UPSHUR et al. v. BRISCOE et al.

February 2, 1891.

On the 25th of January, 1857, James Andrews, of the parish of Tensas, in the state of Louisiana, executed and delivered to William J. Briscoe, also of said parish and state, the following instrument in writing: 'James Andrews to Annie M. Andrews. Donation. State of Louisiana, parish of Tensas. Know all men by these presents, that I. James Andrews, of said parish and state, do nominate, constitute, and appoint William J. Briscoe, also of said parish and state, my true and lawful attorney for me and in my name to pay, or cause to be paid, to Annie M. Andrews the sum of seven hundred dollars ($700) annually, said amount to be paid at the counting-house of some commission merchant, or at some banking-house, in the city of New Orleans, in equal quarterly installments of one hundred and seventy-five dollars each, said commission or banking-house to be named and specified before the day of payment, by the said W. J. Briscoe to the said Annie M. Andrews. The said payments are to be made commencing with the date of this instrument, and continuing during the natural life of the said Annie M. Andrews, subject to the conditions and restrictions hereinafter enumerated, viz.: The payments are to be regularly made as above set forth, according to the discretion of the said William J. Briscoe of the general good conduct of the said Annie M. Andrews, which conduct must in all respects comport with the character and bearing of a discreet, prudent female. The said William J. Briscoe, being here present, accepts this appointment and trust, and binds himself to carry out the provisions of the same according to its true intent and meaning; and I do further constitute and appoint the said William J. Briscoe, my attorney in fact, to have and receive the sum of ten thousand dollars ($10,000) to be held by him for the benefit of the said Annie M. Andrews, subject to the conditions hereinafter enumerated, viz.: It is unerstood that the annual payment of seven hundred dollars, as above secured, shall be considered as interest upon said amount of ten thousand dollars; and, first, it is provided that, in case the said Annie M. Andrews shall hereafter marry and leave issue, this amount of ten thousand dollars shall remain invested as heretofore in the hands of said William J. Briscoe, and the interest shall continue to be paid as heretofore mentioned, and, in case of the death of the said Annie M. Andrews, such children, legal issue of her, shall become possessed of the above amount of ten thousand dollars unconditionally in full possession, to be paid by the said William J. Briscoe. Second. It is provided, that in case of my death occurring before that of the said Annie, the above amount of ten* thousand dollars shall be placed unconditionally in her hands by the said William J. Briscoe, provided only she shall have no legal issue. In case, however, she shall, at the time of my death, have any child or children, legal issue of her body, that the provisions heretofore enumerated shall be strictly adhered to; and third, it is provided that, in case of the death of the said Annie M. Andrews without legal issue of her body surviving, then the above sum of ten thousand dollars shall revert to me, my heirs or assigns. This done and signed, at St. Joseph, in said parish and state, this 25th day of January, A. D. 1857, in presence of Geo. W. Williams and Edgar D. Farrar, competent witnesses. JAMES ANDREWS. G. W. WILLIAMS. E. D. FARRAR.' On the same day, and on the same paper, Briscoe signed the following instrument: 'And now to these presents also comes William J. Briscoe, who accepts this mandate in all its clauses, and binds himself faithfully to carry the same into effect, and the more effectually to secure the faithful performance of the same he also binds himself, as surety for the said James Andrews, that the witin mandate and all the stipulations therein contained shall be well and faithfully executed, and that the same shall be complied with in all its clauses. Thus done and signed, at St. Joseph, on the 25th of January, A. D. 1857, in the presence of G. W. Williams and Edgar D. Farrar. W. J. BRISCOE. Witnesses: G. W. WILLIAMS. E. D. FARRAR.' Annie M. Andrews, named in the paper signed by James Andrews, at the same time and place signed the following instrument:

'And at the same time and place also came the said Annie M. Andrews, who hereby declares that she accepts the above in all its parts and clauses, ratifying and accepting the said appointment of the said William J. Briscoe as her trustee, and binding herself to confirm and abide by the above mandate in all its provisions. Thus done and signed, at St. Joseph, on the 26th of January, A. D. 1857, in presence of Geo. W. Williams and Edgar D. Farrar. ANNIE M. ANDREWS. Witnesses: G. W. WILLIAMS. E. D. FARRAR.'

On the 18th of February, 1857, these papers were all of them recorded in the office of the recorder of the parish, in a 'book of Wills and Donations.' On the 1st of August, 1881, Annie M. Andrews, who had become by marriage Annie M. Upshur, and whose husband had died, and her son, James A. Upshur, an adult, filed their petition in the ninth district court for the parish of Tensas, La., against Mary E. Castleman, widow of William J. Briscoe, who had died about September, 1880, intestate, and his three daughters and heirs at law and legal representatives, Mrs. Elizabeth Clinton, Mrs. Frances Chamberlain, and Mrs. Betty Scott Goldman, and their respective husbands. The petition set forth the three instruments signed, respectively, by James Andrews, W. J. Briscoe, and Annie M. Andrews, and averred as follows: William J. Briscoe received from James Andrews the sum of $10,000, and paid to the female plaintiff annually $700, until about January, 1861. On February 26, 1866, Briscoe, to secure the payment of his five promissory notes for $10,000 each, given for borrowed money, mortgaged to Given, Watts & Co., of New Orleans, all the property owned by him, consisting of a cotton plantation in the parish of Tensas, known as the 'Mound Plantation,' embracing 4,357 acres, with all the growing crops, buildings, household furniture, machinery, corn, stock, fodder, hay, and all other appurtenances. On November 29, 1866, he intermarried with the defendant, Mary E. Castleman. On January 14, 1868, Mrs. Mildred Gregory, as holder of three of the five notes secured by said mortgage, instituted suit thereon against Briscoe, and on March 7, 1868, caused the property described in it to be adjudicated to her for $20,000. On April 1, 1868, Briscoe was adjudged a bankrupt, and was duly discharged December 19, 1868. The petition states that duly certified copies of the proceedings in bankruptcy are annexed to it, but they are not found in the record. On November 13, 1868, the defendant Mary E. Castleman instituted suit against her husband, Briscoe, for a separation of property, and a judgment was entered on the same day decreeing her to be separate in property from her husband, and dissolving the community of acquests and gains between them. On December 12, 1868, Mrs. Mildred Gregory, for the consideration of $4,517.82 in cash, and $25,000 in notes, conveyed to Mary E. Castleman the Mound plantation, together with all the growing crops, stock, material, and other property acquired by her at the sheriff's sale. Briscoe at his death left no other property. The female plaintiff was married in July, 1858, and the other plaintiff, the sole issue of such marriage, was born in 1859. James Andrews died about January, 1860, and by the terms of the constitution of mandate, the female plaintiff then having one child, the said sum of $10,000 was to remain invested in the hands of Briscoe, the interest to continue to be paid to her; but she had not received from Briscoe any part of the principal, nor any part of the stipulated interest snce about April, 1867, and there is now due to the plaintiffs, to be paid from the property and effects of Briscoe, wherever found, the sum of $10,000, with arrears of interest at the rate of $700 per year since January 1, 1861, less the sum of about $700 paid about April, 1867, with legal interest on the stipulated annual payments of $700, from January 1 of each year, from the year 1862, inclusive. The conveyance of the property by Mrs. Mildred Gregory to Mary E. Castleman, December 12, 1868, was a fraudulent simulation, contrived and intended by Briscoe to defraud the plaintiffs, and to defeat the execution of the trust, and Mary E. Castleman received the title of the property for the use of Briscoe, who paid the consideration expressed therefor, and continued in possession of the property. He procured Mrs. Mildred Gregory, a preferred creditor, to provoke the seizure and sale of all his property, and accept the adjudication thereof, and he then made a surrender in bankruptcy, and was adjudicated a bankrupt and dicharged. He then procured Mary E. Castleman to obtain the judgment of separation, and Mrs. Mildred Gregory to convey the entire property to her. Briscoe, up to the time of his death, retained the exclusive control of the property and of the business relating to it, and himself paid to Mrs. Gregory the said sum of $4,517.82, from the proceeds of the crops of 1868. The plaintiffs very recently, for the first time, have been informed that Briscoe procured the conveyance of the property to Mary E. Castleman with the intent to defraud them and prevent the enforcement of the trust. The prayer of the petition is that the defendants pay to the plaintiffs the sum of $10,000, with 7 per cent. per annum interest from January 1, 1861, less the sum of $700 paid about April 1, 1867, with 5 per cent. per annum interest on each annual payment of $700, from January 1 of each year, from the year 1862, inclusive; that the conveyance of December 12, 1868, be declared simulated and fraudulent, and the...