Davis v. Miller
Davis v. Miller
Opinion of the Court
Rebecca Gfanoe, a widow, died, intestate, in April, 1894, and left, as her only heirs, one son, four daughters, and two grandsons, who are the sons of a daughter who died' before her mother. Two daughters, Elizabeth Davis and Lottie Keenan, and their husbands, and one grandson, Frederick O. Morris, are parties plaintiff; and the son, Jacob Miller, the daughters Olive Collins and Rebecca Morris, and their husbands, and the grandson Edward Morris, are parties defendant. Mrs. Gfanoe, during her lifetime, owned one hundred and twenty acres of land, which she conveyed to her son, Jacob Miller/ eleven days before her death. The consideration for the conveyance stated in the deed was six hundred dollars. She had been married three times, and her last husband, John Gfanoe, died in the year 1887. A short time after his death, she and Jacob commenced living together, and built a house on the land in question, and made it their home until she died. The plaintiffs claim that, when the deed. was executed, Mrs. Canoe was very weak mentally and physically, in consequence of age and sickness; that she could not understand the nature and effect of the deed; that she was wholly under the influence and control of her son; that he had threatened in her presence to take his own life if she did not convey the land to him; that she signed the deed at his solicitation, and because of his undue influence over her; that the consideration recited in the deed was not paid, and that he did not intend to pay it; and that it was grossly inadequate as a consideration for the land. The defendant, Miller, denies that his mother was not competent to execute the deed at the time it was given; that he exercised any influence over her to obtain it; and that the deed is invalid. He claims that it was executed pursuant to a verbal agreement between himself and his
The evidence for the plaintiffs tends to support their claims in some respects. The two sisters, Rebecca and Lottie, testify in their own behalf, and, if their testimony is to be taken as true, Jacob was guilty of cruelty to his mother, and neglected her, and was indifferent to her welfare in many ways while they were living together. They are corroborated to some extent by other witnesses, but they testify most strongly against their brother. Some of their testimony, especially a part of that given by Mrs. Davis, is clearly incompetent, and appears to be strongly colored by self-interest. Mrs. Keenan says that on one occasion she found a bottle of laudanum in her mother’s room, and was told by her that she had hidden it because Jacob had threatened to take it if she did not convey the farm to him. Another witness tells of finding Jacob locked up in a room with a butcher’s knife, and there is testimony to the effect that the mother was alarmed by these incidents. It is shown that she kept house for her son, and milked the coyrs; and there is
It may be conceded, that the evidence on the part of the plaintiffs was sufficient to place upon Miller the burden of proving that the deed was valid. This, we think, he has done. He has shown, by disinterested witnesses, that his mother offered to give ' him the farm if he would live with, and take care of her. At that time he was under contract to work for another, but he obtained a release from the contract, and at once proceeded to make a home for his mother. He treated her well, and furnished what she needed, although she worked when she was able to do so. When she was unable to work, he employed girls to help her. He sometimes used profane language, but his sisters did the same, and it does not appear that the mother was annoyed by it. He gave to Mrs. Davis, property to the value of one hundred and thirty dollars, and as much more to Mrs. Collins. There is some dispute as to the reason which caused him to do so, but the preponderance of the evidence sustains his claims with regard to it. It appears that the mother and her husband, Granoe, supposed that the children by her first marriage were entitled to a share of the land, although her first husband never had any interest in it; and accordingly, Granoe had paid to Lottie anu Rebecca one hundred and thirty dollars each, for their
Case-law data current through December 31, 2025. Source: CourtListener bulk data.