Williams v. Langwill

• Decision Date: 26 October 1909
• Citation: 89 N.E. 642,241 Ill. 441
• Parties: WILLIAMS et al. v. LANGWILL.
• Court: Illinois Supreme Court

241 Ill. 441

89 N.E. 642

WILLIAMS et al.

v.LANGWILL.

Supreme Court of Illinois.

Oct. 26, 1909.

Appeal from Circuit Court, McHenry County; C. H. Donnelly, Judge.

Bill by John J. Evans against William M. Langwill. Complainant having died pending suit, Henry Williams and others were substituted as complainants, and from a decree in favor of defendant they appeal. Affirmed.Shurtleff & Heizer and James F. Casey, for appellants.

Charles H. Wayne and V. S. Lumley, for appellee.

HAND, J.

This was a bill in chancery filed by John J. Evans in the circuit court of McHenry County, against William M. Langwill, to set aside and cancel as clouds upon his title to a farm containing 107 acres, situated in McHenry county, a deed from said John J. Evans bearing date January 9, 1904, conveying said farm to said William M. Langwill; also, certain articles of copartnership entered into on said 9th day of January, 1904, between said John J. Evans and William M. Langwill, whereby they agreed to carry on the farming and dairying business upon said farm during the life of the said John J. Evans, which deed and articles of copartnership were filed for record and were recorded in the recorder's office of McHenry county. A guardian ad litem was appointed for William M. Langwill, he being a minor, who filed an answer on behalf of said defendant, and said John J. Evans having died testate on December 7, 1904, and his will having been admitted to probate, and James F. Casey, the executor named in the will, having qualified, and James F. Casey, Henry Williams, and John E. Williams, the legatees named in said will, having been substituted as complainants, they, by leave of court, filed an amended bill. The guardian ad litem of said defendant filed an answer thereto, and a replication was filed to said answer. The case was referred to the master in chancery to take the proof and report his conclusions as to the law and the facts, and the master in chancery having filed a report, in which he recommended that the bill be dismissed for want of equity, and objections and exceptions having been overruled to said report, the court entered a decree in accordance with the recommendations of the master in chancery, dismissing said bill for want of equity, and the complainants have prosecuted an appeal to this court to reverse said decree.

It appears from the pleadings, proofs, and master's report that John J. Evans and wife resided upon said farm, as their homestead, at the time of the death of the wife of John J. Evands, which occurred in the summer of 1902; that Mary J. Langwill, who had married Charles Langwill, was the only child of John J. Evans, who survived his wife; that Mary J. Langwill and her family, at the time of the death of her mother, resided at Watertown, in the state of South Dakota; that at the time of the death of her mother Mrs. Langwill returned to Illinois to attend her funeral; that John J. Evans was then about 80 years of age; that he then said to Mrs. Langwill that what he had would belong to her, and that she ought to return to Illinois and take care of the property; that she replied to him that he had a tenant on the farm, and if he could get along until the next year, if he still wanted her family to return to Illinois, they would do so; that she returned to her home in South Dakota; that in the month of August the tenant upon the farm left the farm, and John J. Evans caused to be written to his daughter a letter saying the tenant had abandoned the farm, and urging her and her husband to immediately return to Illinois; that upon receipt of the letter they returned to Illinois and moved onto the farm, and carried on the farm until March 1, 1903, on the same terms that it had been theretofore rented, and John J. Evans lived with them; that on the 1st of March, 1903, Charles Langwill, the husband of Mary J. Langwill, rented the farm for five years at $250 per year cash rent, and purchased the stock and farming implements of John J. Evans on the farm for $700, for which he gave his four promissory notes, and John J. Evans was to make his home with Charles Langwill and family; that Charles Langwill and family continued to occupy the farm until the 9th day of January, 1904, when John J. Evans and Charles Langwill, being unable to agree, then went to the office of V. S. Lumley, an attorney at law residing in McHenry county, to adjust their differences, whereupon it was agreed that Charles Langwill was to surrender the lease of the farm, and he, with his wife and daughter, would return to South Dakota, and that Charles Langwill would release to William M. Langwill, the defendant, who was then about 20 years of age, his time until he should attain his majority; that William M. Langwill would remain on the farm with his grandfather, and that John J. Evans and William M. Langwill would carry on the farming and dairying business together upon said farm, and that John J. Evans should surrender the notes of Charles Langwill to him and pay him $100 in cash, and that the stock and implements upon the farm, which consisted of 20 head of cows and 1 bull, and certain farming implements, should be turned over by Charles Langwill to William M. Langwill, and that William M. Langwill should reside with and care for John J. Evans in his old age and pay his funeral expenses after his death, and that upon the death of John J. Evans all the property which belonged to the copartnership should be the property of William M. Langwill, and that the farm was to be conveyed to William M. Langwill, John J. Evans reserving a life estate therein; that V. S. Lumley thereupon prepared a deed for the farm from John J. Evans to William M. Langwill, conveying the same to William M....