McCartney v. Fletcher
McCartney v. Fletcher
Opinion of the Court
delivered the opinion of the Court:
We are of opinion that the demurrers ought to have been sustained to the entire bill, and the bill have been dismissed on the demurrers; and this for several reasons.
1. In the first place, the allegations and charges of the bill are entirely too general, vague and indefinite, and extend to matters and things not properly the subject of enforced discovery. The bill is a drag-net, and is a good example of what has been called a vexatious fishing bill, which the court has always regarded with disfavor. By its generality of allegation it embraces and is applicable to everything, but does not refer to things specifically and with certainty; and hence the great difficulty of fairly answering such a bill. There must be reasonable and convenient certainty both as to the objects and subjects of the discovery sought. This case is not unlike, in many respects, the case of Ryves v. Ryves, 3 Ves. 343, except that was a case of the heir at law against the surviving widow and one of the children of the deceased husband for discovery and account. In that case the bill stated generally that under
2. In the next place, under the allegations and prayers of the bill, the defendant Susan is required to set forth a particular statement of every item of property that she received •either from her husband or any other person ; or that came into her possession or control, and all the gains and profits thereof, during her entire married life; and to account for the same, or such parts thereof (except certain insurance money) as she had in her possession, or under her control at the death of her husband, though she may have received such property at any time within the period of thirty years preceding his death. This manifestly is not only too vague and indefinite, but the great lapse of time involved in the proposed inquiry and required discovery and account, presents upon the face of the bill objections that may be taken advantage of by demurrer, and a general demurrer reaches such objection to the bill. Foster v. Hodgson, 19 Ves. 180, 185; Home v. Peck, 6 Sim. 51, and cases cited.
3. Then, the defendant Susan is required to state and set forth fully and particulariy all the special circumstances of and attending the receipt of any and all property received by her from her husband during the period of her married life; thus making it necessary for her to disclose and set forth the confidential communications between herself and her husband, in regard to all dealings and property transactions between them. This cannot be required of a wife or widow, under the statute, which declares that a wife shall not be compellable to disclose any communication made to her by her husband during the marriage (Sec. 877, E. S. D. C); and this is but the principle of the common law; and it applies as well after the death as during the lifetime of the husband. Lucas v. Brooks, 18 Wall. 436, 453; Stein v. Bowman, 13 Pet. 210, 222. The death of the husband, as said
4. As we have seen, the bill is filed by the administratrix of the deceased William Fletcher, and the right demanded must relate to the personal estate of the decedent alone— the administratrix having nothing to do with the real estate.. The bill upon its face must show that the complainant has-a right to the thing demanded, or such an interest in the subject matter as gives her a right to institute a suit concerning it. If it is not affirmatively shown by the bill that, the party suing has such interest and a right to institute a. suit concerning it, the defendant may demur. And this-want of interest in the subject of suit, or of a title to institute suit, are objections to a bill seeking any kind of relief, or filed for the purpose of discovery merely. Mitf. Eq. Pl. 154, 155 and 156.
Now, as we have already observed, the decedent in his lifetime conveyed and caused to be conveyed, a large portion of his real estate to his wife Susan, and the deeds were all made absolute in terms, without any reference whatever to any reserved rights or trust, though it is now alleged by the administratrix of the deceased that such deeds were all made and intended to be in trust for the decedent and his heirs. But however this may be, while the deeds remain in force, and in the absence of any declaration of trust, either judicial or by writing, under the Statute of Frauds, the title, both legal and equitable, to the lands conveyed, remains in the grantee, Susan Fletcher; and the rents and profits that
The same observations apply to the case of the deed made by the decedent to Catharine Laughlin for the farm called @ Sharon.” The administratrix has no right or standing to impeach the validity of the deed, or to have a trust declared thereon. If it be true as alleged that the deed was •only colorable, and not intended to divest the deceased of the beneficial title to the land, that is a subject with which the heirs must deal; but the administratrix has nothing to do with it, except to enforce payment of the unpaid purchase money if the deed shall be allowed to stand. It is an unquestioned principle that a bill must show an interest in the plaintiff in the subject to which the required ■discovery relates, and such an interest as entitles him to -call on the defendant for the discovery. Mitf. Eq. Pl. 187. In respect to the conveyances of the lands to the wife, and ■of the farm called “Sharon” to Catharine Laughlin, the bill •entirely fails to show any such interest in the complainant .as to entitle her, as administratrix, to maintain the bill, •either for relief or discovery.
5. The last ground of demurrer to the bill that need be
In this case the multifariousness consists in the improper-joining of the matter of the conveyance of the farm called “Sharon” to Catharine Laughlin, with the matters charged against Susan Fletcher; and the improper joining of the matters relating to the subscription to or investment in the-stock of the Washington Asphalt Block and Tile Company,, the stock or interest therein standing in the name of Charles. P. Fletcher, with the matters charged against Susan Fletcher and Catharine Laughlin; all of which matters being several and distinct in their natures, they therefore render the-bill multifarious and consequently demurrable.
The several demurrers of the defendants having been overruled by order of the court of the 10th of March, 1894,. the defendants were required to answer the bill; and they accordingly filed separate answers under oath.
The principal answer, that of Susan Fletcher, responds to-the allegations and charges of the bill against her very fully and circumstantially, so far as she professes to have-knowledge o'f the various matters to which the bill refers- and in respect to which discovery is prayed. By her answer, this defendant denies directly, or fully explains, all the material facts as charged in the bill in regard to the-personal estate of the deceased; and she completely denies
By her answer. Catharine Laughlin denies the allegations of the bill in regard to the conveyance to her of the farm called “Sharon,” as being in trust for the benefit of the grantor, William Fletcher, or that there was no consideration paid or intended to be paid by her for the farm.
The averments made in the answers of the other defendants are not material to be stated, for the further consideration of the case.
The answers were all required to be made under oath and where and as far as they are responsive to the allegations of the bill, they are evidence for the respective defendants, and as evidence they will prevail unless overcome by the testimony of two witnesses, or of one witness and clear corroborating circumstances. 2 Sto. Eq. Jurisp., Sec-1528; Bank U S. v. Beverly, 1 How. 134; Flagg v. Mann, 2 Sumner, 489; Bank of Georgdown v. Geary, 5 Pet. 99.
There has been a very large volume of testimony taken in this case, much of which is irrelevant and entirely without any probative force whatever. That portion of the evidence, which is mainly relied on by the complainant, to charge Susan Fletcher, the widowand mother of the children of deceased, with fraudulently secreting and concealing the personal estate of her late husband, is of the most unreliable character, and such as the court cannot make the basis or foundation of a decree for an account holding the defendant to be guilty of secreting and concealing the property as charged in the bill, and therefore liable. On the allegations
Reference
- Full Case Name
- McCARTNEY v. FLETCHER
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Equity ; Discovery ; Demurrer ; Husband and Wife ; Administration ; Multifariousness ; Answer as Evidence ; Administration ; Burden of Proof. 1. To entitle a complainant in equity to discovery, the facts of which disclosure is sought must be of a certain and specific character, and the right of the complainant to the benefit of the defendant’s oath is limited to such material facts as relate to the complainant’s case, and does not extend to a discovery of the manner in which, or the evidence by means of which, the defendant’s case is to be established, or to any discovery of • the defendant’s evidence; and upon every bill for discovery the defendant has a right to resist by demurrer any inquiries which call upon him to disclose the nature and character of his own title to the subject-matter of the controversy. 2. A bill of complaint by an administratrix against the widow of the intestate, calling for a particular statement of every item of property received by the defendant from her husband or any other person during thirty years of married life, or that came into her possession and control during that period, and all the gains and profits thereof; and to account for the same or such parts thereof as she had in her possession or under her control at the death of her husband, is demurrable for vagueness and indefiniteness, and also because of the great lapse of time involved in the proposed inquiry and discovery; and such objection may be taken advantage of by general demurrer. 3. Under Section 877, R. S. D. C., providing that a married woman shall not be compellable to disclose any communication made to her by her husband during their married life, a widow cannot be required by a bill in equity to disclose all of the special circumstances of and attending the receipt of any and all property received by her during the period of her married life ; and such question of privilege may be raised either by demurrer or by answer to the bill. 4. An administratrix, as such, has no interest in the rents and profits of real estate conveyed by the intestate during his lifetime to his widow, or to a third person, and is not entitled to discovery of the amount thereof, upon the allegation that the deeds of the real estate were made and intended to be in trust for the intestate and his heirs. 5. A bill in equity in which the complainant demands several matters of different natures against several defendants is multifarious; and a demurrer for multifariousness, which always goes to the whole bill, need not specify the parts of the bill which are claimed to be multifarious. 6. The answers of several defendants to a bill of complaint, which answers are required to be made under oath, are evidence for the respective defendants, so far as they are responsive to the allegations of the bill, and as evidence will prevail unless overcome by the testimony of two witnesses or of one witness and clear corroborating circumstances. 7. An administratrix cannot, by assuming the widow of the intestate to have been his agent during their married life, instead of his widow merely, by going into a court of equity and charging the widow with all the moneys and receipts of income, of whatever nature or kind, of the husband during the entire period of her married life, require her to acquit herself of such receipts by showing how the moneys and other property were disposed of or invested, and upon failure so to discharge herself hold her liable therefor; in such a case the burden of proof is upon the complainant. 8. The evidence in such a case examined and considered and held to be too defective, obscure and doubtful to overcome the evidential force and effect of the sworn answer of the defendant widow.