Wing v. Havelik

• Decision Date: 09 December 1913
• Citation: 161 S.W. 732,253 Mo. 502
• Parties: ANNIE WING et al., Appellants, v. FRANK HAVELIK, Jr
• Court: Missouri Supreme Court

161 S.W. 732

253 Mo. 502

ANNIE WING et al., Appellants, v. FRANK HAVELIK, Jr

Supreme Court of Missouri, Second Division

December 9, 1913

Appeal from Lincoln Circuit Court. -- Hon. James D. Barnett, Judge.

Affirmed.

Frank Howell and William A. Dudley for appellants.

(1) The deed is the direct product of undue influence, duress and fraud and should be set aside. 1 Page on Contracts, secs 204, 322; Bishop on Contracts, sec. 719; Smith on Fraud, sec 103; Dingman v. Romine, 141 Mo. 466; Meier v Buchter, 197 Mo. 91; Mann, Medical Jurisprudence of Insanity, p. 161. (2) Even though Frank Havelik, Jr., had no knowledge of the influences that operated on the parties to induce the conveyance to him, there being no consideration, the conveyance was void and should be set aside. Ranken v. Patton, 65 Mo. 378; Roberts v. Bartlett, 190 Mo. 702; Nottidge v. Prince, 2 Gifford, 246; Huguenin v. Baseley, 14 Vesey, Jr., 273; Fowler v. Butterly, 78 N.Y. 71; Sheperherd's Touchstone, 61; Caspiri v. Church, 82 Mo. 649; Thompson v. Hawks, 14 F. 902; 1 Page on Contracts, 472; Harris v. Carmody, 131 Mass. 51.

R. H. Norton and Avery, Young & Woolfolk for respondent.

ROY, C. Williams, C., concurs.

OPINION

ROY, C. --

This is a proceeding to nullify a conveyance on the ground of unsoundness of mind and undue influence.

Frank Havelik and wife, Kate, were Bohemians, not understanding English. They had four children, Frank, Jr., Mrs. Krieger, Mrs. Annie Wing and Mrs. Schromek; the latter being dead, leaving one child, Mrs. Anderson. All were made parties to this proceeding.

In January, 1883, the parents were living on a farm of about one hundred and forty acres, worth not exceeding twelve hundred dollars. They lived in a two-room log house. Frank, Jr., was young and had been hired out. He married at that time and went to live with his parents on the farm, and received a deed from them for the land, which provided that all parties thereto should live in the dwelling on the land during the life of the grantors, who should be paid one-third of all the grain raised on the place.

Disagreements arose, and in the following September the parents built and moved into another house on the farm. Disagreements continued, and after some time Frank moved away. After several years he moved back and remained until 1889. The troubles continuing, he made a conveyance of the land to his father and Mike Vocum, a brother of his mother, who lived on the farm. The deed expressed a consideration of four hundred dollars. Frank then bought a place twelve miles distant, to which he moved his family.

Mrs. Wing testified as follows: "I reckon my uncle had money in the place, over half of it, wasn't more. He got it in the place, in St. Louis, in lots and buildings, when that was sold my pa kept the money and never give him any of it; they would borrow money and never give it back. It went into the farm, that's how come it to be his home as long as he was living. They bought the place from Frank, paid him $ 400 for it. A long time ago father and mother made Frank a deed to it; about 1882. He got the farm for the support of my parents as long as they were living -- they did it the same month he got married, in January, don't remember what year. Lived there mighty little before he was married; he was hired out. Frank, my brother, deeded it back to father and Mike Vocum in 1889. Frank got it from them and deeded it back to father and uncle. They didn't get along well and Frank deeded it back. He had one child when they left. Frank had the place -- they couldn't get along. Joe Shelker married one daughter and he moved there and Frank moved on his place. Joe staid until he got tired of waiting on my parents and went to his own farm and Frank moved back. I don't know how many years they lived there, they couldn't get along and pa bought the place back, I lived with father first year I was married. Frank was a little boy then. They wanted to deed us the farm. We was young folks and wouldn't take it. Frank said he was going to sell it back, and he did so and went off where he is now. Don't remember the year Frank made the deed back to father and uncle. Father paid $ 100 and uncle paid $ 300. Heard that from my father and uncle."

In 1897 the parents and Vocum reconveyed to Frank for the expressed consideration of $ 230. No money was paid. That deed contained a provision that the grantors should occupy the dwelling during their natural lives.

Mike Domaclky testified that three times pior to the making of that deed, the father came to him to get him to induce Frank to take a deed to the land, saying that he knew his son Frank was swindled, and that he wanted to fix it; that they had done Frank what wasn't right and they wanted to correct it; that Frank had done lots of work on the land and they wanted to give him a deed back to the property. He further testified that the deed was made upon an agreement talked over at the time that the old folks should take care of themselves as long as they could and then Frank would assist them. He testified that the father was of sound mind.

Frank Martinek was present at the making of the deed at the request of the elder Havelik and testified that Havelik was of sound mind.

Joe Martinek and his wife and Mrs. Annie Martinek and Mrs. Wing and daughter, Mrs. Chaney, all testified that Mrs. Kate Havelik was subject to short spells, during which she imagined that she was bewitched by her son Frank and his wife, and was very wild and irrational, imitating cries of various animals and cursing and abusing her husband; that she often importuned her husband to make a deed to the land to Frank, so that Frank and his wife would relieve her of her troubles.

Mrs. Joe Martinek testified that Mr. Havelik said that his wife was hard to do anything with; that she wanted him to deed the property to his son, so she would get rid of that trouble and that sickness; that she was mean to him, hard on him and he could not get along with her.

Mrs. Chaney testified that her grandmother had those spells five or six years before the deed was made and that she frequently sent her husband to induce Frank to take a deed for the place; that he didn't want to go and that he believed his wife was bewitched.

Mrs. Wing testified that her father believed that her mother was bewitched by Frank and his wife and that on two occasions she prevented him from drowning himself because of his troubles with her.

Frank Knizel, in regard to the senior Havelik's mind, testified as follows: "Well, the fact is I couldn't decide on that matter. I said once I thought there was certain delusions the old lady had that was working on his mind; they worked on his mind and he had no thought of anything else; other times I thought he was as bright a man as any at his age."

Joseph Martinek testified that Mrs. Havelik said that Frank's wife was the cause of her trouble, and that she kept after the old gentleman to give the land back to Frank, so that would cure her. That Mr. Havelik would sometimes think she was bewitched and sometimes would talk like he thought she wasn't; that he was a sensible, smart man, but could not write.

Frank Havelik, senior, died in 1900. Mr. Vocum died the following year. After the death of Mr. Vocum, Frank took his mother and cared for her until her death in 1906.

The petition alleges that the minds of the elder Haveliks were unsound, and that Mrs. Havelik imagined she was bewitched by Frank and his wife and that they could relieve her of such trouble, and that they would do so provided the land was conveyed to Frank. The petition then continues as follows:

"And she thereupon so importuned and...