Wolfe v. Thompson

• Decision Date: 28 May 1970
• Docket Number: 1 Div. 612
• Citation: Wolfe v. Thompson, 235 So.2d 878, 285 Ala. 745 (Ala. 1970)
• Parties: Houston WOLFE, Mary T. White, Sadie L. Thompson v. C. Lenoir THOMPSON II, a/k/a Charles Lenoir Thompson II.
• Court: Alabama Supreme Court

Page 878

235 So.2d 878

285 Ala. 745

Houston WOLFE, Mary T. White, Sadie L. Thompson v. C. Lenoir THOMPSON II, a/k/a Charles Lenoir Thompson II.

1 Div. 612.

Supreme Court of Alabama.

May 28, 1970.

Wilters & Brantley, Bay Minette, for appellants.

Chason, Stone & Chason, Bay Minette, for appellee.

HARWOOD, Justice.

The setting of this case is a family dispute mainly between Mary Thompson White Richerson, and C. Lenoir Thompson and C. Lenoir Thompson II. Mrs. Richerson is a daughter of Sadie L. Thompson and the two Lenoir Thompsons are respectively her son and grandson.

Mary Thompson White Richerson, Sadie L. Thompson and Houston Wolfe filed a bill alleging that the land involved in this suit was formerly owned by Sadie L. Thompson, who had on 2 November 1964 leased the land to her daughter Mary Thompson White Richerson and Houston Wolfe for a period of ten years, at an annual rental of $700.00 per annum, payable at $100.00 on the beginning of each year, and $50.00 per month on the 16th of each month following.

The lessees agreed to erect certain fences, cultivate, prune, and fertilize a peach orchard on the land, and to keep up the cotton acreage.

The bill further averred that on 17 November 1965, Sadie L. Thompson executed a warranty deed conveying the land to herself and to her daughter Mary Thompson White Richerson jointly, with right of survivorship. This deed was recorded 4 April 1966. The consideration for this deed was $10.00 and other good and valuable consideration. Mrs. Thompson was 85 years old at the time of the execution of the deed.

It was further averred that on 1 August 1966, Sadie L. Thompson executed a warranty deed to the land in question to C. Lenoir Thompson II, reserving the mineral rights to herself, the grantee agreeing to assume a mortgage on the land.

The complainant Sadie L. Thompson averred that the deed of 1 August 1966 was obtained by fraud practiced on her by C. Lenoir Thompson II.

The bill prayed that on final hearing the court enter a decree declaring, (1) that the lease of 2 November 1964 is a subsisting lease and that the lessees thereunder have a right of possession of the land in accordance with the terms of the lease, (2) that Sadie L. Thompson and Mary Thompson White Richerson jointly own the land with right of survivorship, and (3) that the deed to C. Lenoir Thompson II was obtained by fraud, and that the same be set aside.

The respondent filed a demurrer to the bill, and an answer and cross-bill. No ruling on the demurrer appears in the record.

The answer and cross-bill denied the charging allegations in the bill, and averred that the lessees of the land, Mary Thompson White Richerson and Houston Wolfe had breached the lease by failing to prune and cultivate the peach orchard, and permitting waste on the property, and by failing to pay rent.

The cross-bill further averred that the deed on 17 November 1965 by which Sadie L. Thompson conveyed the land to herself and Mary Thompson White Richerson jointly with right of survivorship, was procured by Mary Thompson White Richerson by undue influence exercised over the grantor by Mrs. Richerson. The manner and method by which such undue influence was exercised is set out in various details.

The cross-bill prayed (1) that the lease of 2 November 1964 be declared no longer in effect because of its breach by the lessees, (2) that the deed of 17 November 1966 wherein the land was conveyed by Sadie L. Thompson to herself and Mrs. Richerson be declared void as procured by undue influence, and (3) that the respondent C. Lenoir Thompson II is the owner of the land by virtue of and under the terms of the deed of 1 August 1966.

After a lengthy hearing the court ordered, decreed, and adjudged:

1. That the lease from Sadie L. Thompson to Mrs. Richerson and Houston Wolfe is no longer in effect because of the breach thereof by the lessees.

2. That the deed of 17 November 1965 from Sadie L. Thompson to herself and Mrs. Richerson jointly with right of survivorship, was void on account of undue influence exercised over the grantor by the grantee Mrs. Richerson.

3. That the deed from Sadie L. Thompson to C. Lenoir Thompson II was a valid instrument having been executed by the grantor after consultation with counsel and was the result of a free and voluntary act on the part of the grantor; and that C. Lenoir Thompson II is the owner of the land described in the deed.

The evidence presented below by the respective parties is in irreconcilable conflict.

That presented by the complainants-appellants on this appeal was directed toward showing that in 1957, Mrs. Richerson left her job with the State Highway Department and returned to live with her mother and father in Perdido. Her mother was 75 years of age at the time and her father was in his eighties. She had been admitted to practice of law in Alabama and at first occupied an office in the law office of her brother C. Lenoir Thompson in Bay Minette. Later after friction developed between her and her brother, she opened a law office in Atmore. The elder Thompson lived in quarters in a restaurant conducted in connection with a small motel operation.

Later Mrs. Richerson's daughter, son-in-law, and their three children came to live there.

It was Mrs. Richerson's testimony that after coming to live with her parents she contributed to their support and looked after them generally. She had drawn the deed whereby the land was conveyed to herself and Mrs. Sadie L. Thompson jointly at her mother's request, her mother stating she had done enough for Lenoir and his family, and Lenoir had probated an earlier will of her sister's when a later will was in existence.

She testified that she had furnished maids to look after her parents, and their living quarters had been suitable and well cared for. She had at no time mistreated her mother or in anywise used undue influence over her.

Several witnesses were introduced by the complainants relative to the condition of the quarters in which the elder Thompsons lived. The tendency of this testimony was that the quarters were suitable.

The elder Thompsons had an income of around $1300 per year, plus some additional money from oil leases and timber sales.

The evidence presented by the respondents was to the effect that when Mrs. Richerson occupied the office in Lenoir Thompson's law office, he paid all of the expenses of maintaining the office. The disagreements between them originated in protests by Mr. Thompson of the squalor and filth in which the elder Thompsons were maintained. Lenoir and Lenoir II testified as to being ordered away by Mrs. Richerson when attempting to visit the elder Mrs. Thompson, sometimes at gun point. Lenoir Thompson testified as to his financial aid to the elder Thompsons, and to the conditions in which they were kept by Mrs. Richerson.

In March 1966, Lenoir went to his mother's quarters to have the place cleaned up. Pictures of the condition of the living quarters prior to being cleaned were taken at this time. These pictures were received in evidence. They depict the unkempt, filthy condition of the quarters.

In late 1966, a house was built apparently near the motel site. According to Mrs. Richerson she contributed substantially to the building of this house. According to the testimony of Lenoir the house was built largely through his efforts. At any rate, Mrs. Richerson and her parents moved into this house though Mr. Thompson was placed in what is described as a small shack in the rear. Mr....