White v. Whitaker
| Decision Date | 07 June 1943 |
| Docket Number | 38292 |
| Parties | WHITE v. WHITAKER |
| Court | Missouri Supreme Court |
C. M Hulen, of Moberly, for appellant.
Lawrence Holman, of Moberly, for respondent.
BOHLING, Commissioner.
Susie J. White, the mother, seeks to cancel her warranty deed reserving a life estate, of her home place on Ault street in Moberly, Missouri, to Allie E. Whitaker, the daughter, and an accounting of moneys allegedly withheld by the daughter including a cashier's check for $ 327.29. The property, a rooming house, was valued at $ 3,000 to $ 3,500. Mr. White died several years ago. Their three children are living. Defendant disclaimed any interest in the $ 327.29 cashier's check. It was turned over to plaintiff in open court. Plaintiff's ultimate theory as we read the record is that she understood she was signing a will and that the deed was the result of fraud and undue influence practiced by defendant at a time when plaintiff's physical and mental weakness permitted defendant to exercise such influence and accomplish such fraud. Defendant's theory is the transaction constituted a gift. The decree was for plaintiff, cancelling the deed and entering a judgment for $ 16.65. Defendant appealed.
The defendant, although married for a number of years, had lived in plaintiff's home practically all of her life. Plaintiff was 73 years of age at the time of trial, January, 1942. She suffered from diabetes for approximately ten years. She developed diabetic gangrene, was taken to the hospital March 15, 1940, had her left leg amputated above the knee on March 22, and was dismissed from the hospital May 28, 1940. She had taken insulin regularly for several years, was, following the operation, taking it three times a day, had been unable to sleep and was very nervous. She testified she could sign her name but could not read to do any good. Defendant testified that plaintiff could read. When plaintiff entered the hospital she owned three residence properties (one on Myra street, one on Henry street, and her home), a vacant lot, $ 700 in Postal Savings certificates (one for $ 500 and one for $ 200), a checking account in the Mechanics Bank and Trust Company and household furniture.
A confidential relationship existed between mother and daughter for many years and defendant, acting in a fiduciary capacity, was transacting all of plaintiff's business at the time in question. She was the only person transacting plaintiff's business.
Defendant testified that in April, 1940, plaintiff endorsed the postal savings certificates and she, defendant, applied the proceeds to the hospital bills. Plaintiff testified that she never signed or cashed these certificates; that if she signed them at the hospital she does not remember it, but that defendant told her they had been applied on the hospital account.
Plaintiff testified that sometime after her return home, she said to defendant: 'Allie, it is awfully hard for you'; that Allie replied: 'I don't get anything for it, either'; that plaintiff said: 'I guess I could will you something'; that she and defendant did not discuss the making of a will but that she remembered saying to defendant: 'Well, I can will something to you.'
Funds were needed to discharge the $ 1,000 balance incurred on account of plaintiff's illness and the sale of the Myra and Henry street residences was undertaken. Defendant had T. M. Riffel, a real estate agent, come to see her mother. Mr. Riffel testified that on one occasion while trying to sell the properties, plaintiff told him 'she wanted to leave this property to Mrs. Whitaker and she asked me the best way to arrange it and I advised her to deed the property and retain a life interest'; and that plaintiff told him to prepare the papers. Mr. Riffel consulted Wilbur B. Stone, a lawyer, who was representing the purchaser of the Myra street property, with respect to the wording of the deed from plaintiff to defendant. Mr. Riffel sold the Henry and Myra street properties for a total of $ 1,000. He was of opinion all three deeds, the deed to the Henry street property, the deed to the Myra street property, and the deed here involved, were executed at the same time at plaintiff's home and that Mr. Stone was present. He testified that plaintiff did not tell him what to put into the deed from plaintiff to defendant; that he made the consideration $ 1 and love and affection; that each time he was at plaintiff's, defendant was present; that the whole deed was not read over to plaintiff and he would not say whether he or Mr. Stone did the reading; that he took it for granted plaintiff understood the deed; and that what plaintiff said to him was that 'she wanted to leave the property to Mrs. Whitaker.' Defendant came to witness' office to get the deed after it was recorded.
Plaintiff went to one of her son's home August 6, 1940, and testified she did not know about the deed in question until she had her son get a copy and read it to her. Plaintiff's deed to defendant was executed July 11, 1940, and recorded July 12, 1940. It was not supported by a consideration. The reservation clause read: 'Grantor in this deed is the mother of the grantee and grantor reserves a life-tenant interest in the property herein conveyed.' The other two deeds were dated July 13, and recorded July 15, 1940. Mr. Stone testified that if the deed to defendant were recorded on July 12, he was not present when it was executed.
Plaintiff knew when she signed the deeds to the Henry and Myra street properties that she was parting with title. She testified that Mr. Riffel did not explain to her the deed to her home, 'he just read some lines and I didn't know'; 'he read two or three lines'; that she did not remember what words were read; that she thought she was signing a will when she signed this deed; that 'if they had...
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