Warren v. Pfeil

• Decision Date: 17 December 1931
• Docket Number: No. 20681.,20681.
• Citation: 346 Ill. 344,178 N.E. 894
• Parties: WARREN et al. v. PFEIL et al.
• Court: Illinois Supreme Court

346 Ill. 344

178 N.E. 894

WARREN et al.

v.PFEIL et al.

No. 20681.

Supreme Court of Illinois.

Dec. 17, 1931.

Bill by Herbert M. Warren and others against Ida Pfeil and others. From a decree dismissing the bill, complainants appeal.

Reversed and remanded, with directions.

Appeal from Circuit Court, Will County; Arthur W. De Selm, judge.

Frank J. Jones, of Joliet, for appellants.

Lagger & Blatt, of Joliet, for appellees.

DUNCAN, J.

This is an appeal from a decree of the circuit court of Will county dismissing for want of equity appellants' bill of complaint to set aside a deed from Eliza F. Sampson, deceased, to appellee Ida Pfeil, purporting to convey about 106 acres of real estate in said county. Appellant Herbert M. Warren is named in the will of Eliza F. Sampson, which was admitted to probate after her death, as the devisee of the 106 acres of land conveyed by the deed, and the other appellants are Fred J. Oliver and Robert Oliver, nephews of the deceased, and W. H. Harvey, the conservator of Roxanna Oliver, insane, a niece of the deceased, the nephews and niece being the next of kin and only heirs of the deceased.

The bill of complaint was filed December 24, 1929, and charged that Eliza F. Sampson died on May 5, 1929; that the deed from her to Ida Pfeil for the 106 acres of land was executed on March 15, 1929; that the deed was executed without consideration and by reason of undue influence exercised by the grantee on the grantor; that the grantor at the time of executing the deed was of unsound mind; and that at the time of the execution of the deed there was a confidential relationship existing between the grantee and the grantor. Ida Pfeil, Henry Pfeil, her husband, and Paul M. Collins, executor of the last will of the deceased, were made defendants. Ida Pfeil and her husband filed an answer denying the allegations of undue influence, of mental incapacity of the grantor, and of a confidential relationship between the grantor and the grantee, and alleged that the deed was executed as compensation for kindness shown by the grantee to the grantor. The evidence was heard by the chancellor, who entered a decree dismissing the bill for want of equity.

In 1865 the Sampson family moved onto a farm about six miles north and west of the village of Peotone, in Will county. After the death of their parents, Eliza Sampson, the grantor, a spinster, and her brother, William Sampson, a bachelor, lived together on this farm until William's death, December 11, 1928. Eliza had been in poor health for several years prior to the date of her death, May 5, 1929. She had had Potts' disease-a tubercular condition of the spine-for perhaps fifty years. She was a hunchback. For several years prior to William's death the farm land owned by the Sampsons had been leased to tenants, and Herbert M. Warren had been lessee of the 106 acres in question for about ten years. In March, 1928, Eliza had an attack of influenza, and was thereafter an invalid, under medical care and the attendance of nurses. On October 11, 1928, she and William executed their respective wills, which had been drawn by Paul M. Collins, an attorney and banker of Peotone, who had acted as attorney for the Sampson family for many years. On December 8, 1928, Eliza appointed David H. Morrison, a neighbor and trusted friend, her business agent, and he thereafter paid all her bills by checks drawn on a bank account that he opened in his name as her agent. William died on December 11, 1928, after a short illness. Ida Pfeil, who lived in Peotone, was employed to act as a nurse at the Sampson home some time in November or December, 1928, during William's illness. Prior to that time Eliza had no acquaintance with her. On December 19, 1928, Eliza was moved to Mrs. Pfeil's home in Peotone and remained there under Mrs. Pfeil's care until her death, May 5, 1929. Beside Potts' disease, she had Bright's disease and a malady of the heart-myocarditis. This latter disease was the direct cause of her death. Mrs. Pfeil was paid by checks drawn by Morrison as agent for Eliza, $1,044.50, for her services after Eliza was moved to Mrs. Pfeil's home. By the will of William he bequeathed and devised all of his property to Eliza, provided she should survive him. This will was admitted to probate after his death. By Eliza's will of October 11, 1928, she devised all of her real estate except the 106 acres in question to William, provided he survived her. The 106 acres she devised to William for life and at his death to Herbert M. Warren. The will provided that should she survive William the 106 acres should go to Warren immediately on her death; that the other real estate be sold and certain bequests paid, among them one of $500 to Alice Barton, a nurse who had attended her, and that the remainder of her estate should go to her niece and nephews above named. On January 29, 1929, Eliza executed a codicil to her will, by which she revoked the bequest of $500 to Miss Barton and made a bequest of $500 to James W. Turner, the physician who was attending her, to be paid to his son, Vernon, when he became 21 years of age, and also made a bequest of $500 to Mrs. Pfeil. On March 11, 1929, Eliza executed a second codicil by which she revoked the provision of the original will leaving the residuary estate to her niece and nephews and provided that the residuary estate should go to Mrs. Pfeil ‘in consideration of the unusual and kindly care she is giving me at this time and provided she cares for me until the date of my death.’ These two codicils were drawn by Eliza's attorney, Paul M. Collins, and were executed in his presence at Mrs. Pfeil's home. The deed from Eliza to Mrs. Pfeil for the 106 acres of land was drawn by Henry R. Eisenbrandt, cashier of the Peotone State Bank, and executed by Eliza on March 15, 1929, at Mrs. Pfeil's home, in the presence of Eisenbrandt and Fred C. Jurres, also an officer of the Peotone State Bank. The acknowledgment was taken by Eisenbrandt, as notary public. Eliza directed that the deed be kept by Eisenbrandt until her death and then delivered to the grantee, and this was done. Eliza's original will bore her signature, but both codicils and the deed were signed by mark. The original will and codicil of January 29, 1929, were admitted to probate by the probate court of Will county. That court refused probate of the codicil of March 11, but on appeal the circuit court ordered that it be admitted to probate. It appears from the evidence that the value of the 106 acres of land is about $12,000 and that the residuary estate of Eliza amounts to about $30,000 in value.

David H. Morrison, a witness for appellants, testified, in substance, as follows: He was a neighbor and trusted friend of the Sampsons for many years. He was executor of William's will. Herbert M. Warren, a brother-in-law of witness, had lived on the 106 acres for ten years or more as tenant and during that time supplied the Sampsons with milk and butter and did chores and errands for them. He sat up at the Sampson home during William's illness. Eliza Sampson was friendly with him and his wife. He acted as her business agent after December 8, 1928. He talked to Mrs. Pfeil on December 17 or 18, 1928, and said to her that Mrs. Caliouette, a nurse that had formerly attended Eliza, would be back in about two weeks and would take care of her. Mrs. Pfeil replied: ‘I will be damned if she is going to get this job. When she goes to town I am going to take care of her.’ He saw Eliza at the Pfeil home in Peotone at least once a week between December 19, 1928, and May 5, 1929, but never had a private talk with her because Mrs. Pfeil was always in the room, except one time when her daughter was present. Eliza was gradually failing all the time and was weaker in March than in January. She did not talk much, although she had formerly been a talkative woman. Often when he asked her if she wanted anything Mrs. Pfeil would answer for her. Eliza's attitude towards witness became cooler and more unfriendly all the time. On March 12, 1929, he received a letter from Dr. Turner requesting pay for his services as Eliza's physician, and there was not enough money in the bank account to pay the bill. Wintnes stalked to Collins, his attorney, and it was arranged to transfer $1,000 from the Witness talked to Collins, his attorney, and it He took a receipt for the $1,000 to the Pfeil home for Eliza's signature. Eliza did not seem to understand what the receipt was for and was disinclined to sign it. Mrs. Pfeil told her that it was all right and asked her to sign it, and after the request had been repeated three times she signed the receipt. Her condition was such that witness had Mrs. Pfeil sign the receipt as a witness. Eliza was physically in very poor condition and was weak. After March 12 witness had no business transactions with her in which she signed any papers. She never told him about making the deed to Mrs. Pfeil, and he did not know of the deed having been executed until after her death. In April, 1929, he received a letter from Mrs. Pfeil in which she said: ‘Aunt Eliza would like to have you send a check for $25, as she wants some money.’ He sent the check. The next time he called on Eliza Mrs. Pfeil gave the check back to him, saying that Eliza needed no money, and that the biggest trouble she had with her was that she always wanted to give every child that came into the house a nickel or a dime. Several times when he visited Eliza she went to sleep while he was there.

Paul M. Collins, a witness for appellants, had been president of the Citizens' State Bank of Peotone, with which Eliza and William Sampson did business, and had also been attorney for the Sampson family for many years. He testified, in substance, as follows: He prepared three wills for William, including the last one. He wrote two wills and two codicils for Eliza, and was present at the execution of each one. When she and William executed their...