Worthington v. Worthington

• Decision Date: 05 December 1890
• Citation: 20 A. 911
• Parties: WORTHINGTON v. WORTHINGTON.
• Court: Maryland Court of Appeals

20 A. 911

WORTHINGTON

v. WORTHINGTON.

Court of Appeals of Maryland.

Dec. 5, 1890.

Appeal from circuit court, Baltimore county.

Argued before MILLER, ROBINSON, IRVING, McSHERRY, and BRYAN, JJ.

Fred C. Cook and William Grason, for appellant. D. G. McIntosh, for appellee.

MILLER, J. The bill in this case was filed on the 13th of March, 1889, by Benjamin B. Worthington to set aside a deed executed by him to his brother Edward Worthington on the 18th of February, 1889, on the ground that it was obtained from him by fraud. The answer denies all the material allegations of the bill. Testimony was taken, and, at the hearing, the court below passed a decree dismissing the bill, with costs. From that decree this appeal is taken.

By the deed in question, Benjamin conveyed to Edward, in fee, all the following described property, to-wit: "All the estate, real, personal, and mixed, of the said Benjamin J. Worthington, situated and lying in Baltimore county, excepting, however, that property and parcel of real estate sold by R. R. Boarman and C. Snebley, trustees, under a certain deed of trust, which sale has now been reported to and ratified by the circuit court for Baltimore county, in trust, nevertheless, for the following uses and purposes, to-wit: To pay over the annual net rent, income, and profits to the said Benjamin J. Worthington, and also to pay out of the same the sum of one thousand dollars, sixty days after the death of the said Benjamin J. Worthington, to whomsoever the said Benjamin J. Worthington shall, by his last will, direct the said sum shall be paid; and, upon the death of the said Benjamin J. Worthington, then to the said Edward Worthington, his heirs and assigns, subject to the payment of the said sum of one thousand dollars, to be paid as aforesaid." The circumstances under which this deed came to be executed are, as we gather them from the record, and so far as it is necessary to state them, substantially as follows: Benjamin had inherited a considerable fortune, mostly in land, consisting of several valuable farms in Baltimore county, upon one of which he lived. At the date of this deed he was nearly 73 years of age, and Edward, who was a year or two younger, lived on an adjoining estate, was a married man, and had a number of children. Benjamin, it seems, fell into bad habits. He became addicted, more or less, to the excessive use of ardent spirits, by which he was easily affected, and kept a mistress living in his house. The consequence was that social intercourse with his brother's family had ceased for a long time, and there was little intercourse of any kind between the brothers themselves. They seldom met, had become estranged, and were in fact at variance. Benjamin was also careless and reckless in hrs business affairs. He had mortgaged one of his farms for $6,000; had indorsed notes; and suits were instituted against him, some of which were on notes given for hull-less oats, which would indicate he had fallen a prey to sharpers. Annoyed and worried by these pecuniary troubles, be conveyed all his property to Boarman and Snebley, in trust, for the benefit of his creditors, by deed executed on the 9th of April, 1888. Not long afterwards, he became dissatisfied with the trustees and their conduct, and spoke of them in harsh and abusive terms. In November, 1888, the trustees sold his personal property, and part of his real estate. This irritated him more, and his language in regard to the trustees became more violent. He called them "thieves" and "robbers," and seemed to be actually afraid they would make him a beggar. Finally, a bout the middle of January, 1889, h...