Hurd v. Cramer
Hurd v. Cramer
Opinion of the Court
delivered the opinion of the Court:
The first question for consideration is whether there is jurisdiction in equity to entertain the cause of action set out in the bill. If not, there will be no ground for passing upon the evidence. It is well settled that equity has no jurisdiction where the plaintiff has a plain, adequate, and complete remedy at law. Hipp v. Babin, 19 How. 271-278, 15 L. ed. 633-635; Buzard v. Houston, 119 U. S. 347—352, 30 L. ed. 451—453, 7 Sup. Ct. Rep. 249; United States v. Bitter Root Development Co. 200 U. S. 451-472, 50 L. ed. 550-560, 26 Sup. Ct. Rep. 318. But to be plain, adequate, and complete, the remedy at law must be as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity. Boyce v. Grundy, 3 Pet. 210-215, 7 L. ed. 655—657; Tyler v. Savage, 143 U. S. 79—95, 36 L. ed. 82—88, 12 Sup. Ct. Rep. 340.
The suit was brought on behalf of a man then eighty-nine years of age, who had been adjudged incapable of managing his affairs, and in respect of person and estate committed to a conservator. His memory of transactions was defective, and the books and papers which came into the hands of the conservator furnished no evidence of payments, which, moreover, extended through a period of several years. The defendant had concealed the fact that she had received money from the plaintiff. The funds so received had been converted by defendant into secured notes, the makers of which were unknown to the plaintiff. Discovery, therefore, from the defendant and from the trust company, became necessary. If plaintiff had sued at law and recovered judgment against the defendant for any amount, it could not have been collected by execution. The bill, therefore, sought to have a trust declared in such of the money as could be found, and in such securities into which it could be followed; and sought to have their disposition enjoined, and an order for their delivery to a receiver. An accounting was also prayed as a necessary part of the relief sought. “Thus there were in the case as ingredients to support the jurisdiction of equity, discovery, account, fraud, misrepresentation, and concealment.” Tyler v. Savage, 143 U. S. 79-95, 36 L. ed. 82-88, 12 Sup. Ct. Rep. 340. See George v. Ford, 36 App. D. C. 315-332. In addition to the ingredients above recited, the jurisdiction was invoked to declare a trust, to follow it into other property into which the trust
2. The learned justice who presided in the equity court was right in his conclusion that the gifts of money made to the defendant could not be set aside and the same recovered on the mere ground of mental incapacity, of the plaintiff at the time they were made. He was an extremely old man, it is true, with some of the weaknesses of old age, and was a firm believer in spiritualism, and that communications could be had with the spirits of the departed through “mediums.” Such obsessions, however, do not of themselves constitute insanity or mental incapacity 'in the legal sense. If unpractised upon by fraud or undue influence through those obsessions, he had sufficient mental power to execute a valid contract, deed, or will.
3. The gist of the case is contained in the charge of fraud and undue influence upon the aged plaintiff, and the evidence relating thereto. This evidence is unnecessarily voluminous, and much of it is irrelevant. To recite it in substance and review it in detail would cause an unnecessary and unimportant consumption of space.
We find from the evidence that the plaintiff was eighty-nine years old at the time this suit was begun. He had many years before retired from business, invested his money in Western land mortgages, and lived upon his income. He and his wife had lived in Saratoga, New York, but finally spent most of the year in the city of Washington. His wife was a woman of intelligence and education; superior to him in the latter respect. Both were believers in “spiritualism,” and the possibility of communication with departed spirits. Plaintiff loved and respected her in life and was devoted to her memory. She died in 1891. After her death he resided chiefly in the city of Washington, making yearly visits to Minnesota to look after his investments. He was close with his money, in other words, stingy, particularly with himself. He wore seedy old clothes
Defendant says in her answer: “The relations between said Fenton J. Hurd and this defendant grew into a sincere regard for him upon her side, and upon his into a grateful affection which has been many times expressed, and was at no time abated or interrupted. And this defendant further says that said Fen-ton J. Hurd frequently informed her that she was the best friend he had upon earth and the only person who. had any care or affection for him.” Defendant, undoubtedly, had great influence over him. Had this care and attention by her, and his
Her conduct and evidence in other respects do not impress us as ingenuous. Notwithstanding her answer bases the gifts made to her .by Mr. Hurd upon his grateful appreciation of her daughterly affection and care, in her evidence she undertakes to found it upon an engagement of marriage between them, and claims that his first considerable gift was made of a sum that he had intended to invest in a house for her. According to her they became engaged in 1902 or 1903, and broke it off in 1905, because they were both in fear of violence by Byron Hurd, because of his character and his former threats that have been mentioned. That the old man would have undertaken to marry her is doubtless true; but that she seriously contemplated marrying him is quite doubtful. Nor can we believe that she would have been deterred from marrying him by the fear of violence by his son. She produced no letter from Mr. Hurd in evidence of an engagement; but only one brief note, in which he expressed his fondness, and it may be inferred therefrom that he looked forward to marriage with her. She
He addressed her as “My dear friend, Mrs. Cramer,” and begins by saying: “You may think it strange that with my good liealth and vigorous constitution I have never married again, and no doubt you have heard me say that there is no real happy life only in a married life; now I will tell you why I have not nor never will marry.” He proceeds to say that his son’s wife had told him that Byron said no woman should ever take his mother’s place, and that if I got married he would shoot both of us. That he would be unhappy and in fear that he might appear and execute his threat, which his wife had said that, with his malicious disposition, she had no doubt of his doing. The important part of the letter follows. He then proceeds to say that he had drawn up a note for $10,000 as a small compensation for the happiness she had given and was giving him. He then said that she would have no difficulty in collecting it. She testified that a week later he paid her $.6,000. She produced a brief letter addressed by her to him April 2d, 1906. This recited that the note she held for $10,000, dated April 2, 1906, she agreed to extend if he lived, yearly, until he was in a position to pay it. In this, ten thousand was erased and four thousand interlined; the figure four was also substituted for ten. She produced also a letter of the same date, directed by Mr. Hurd to his agent Boss, who lived in Minnesota, reciting the note for $4,000 held by Mrs. Cramer, and requesting payment, in case of his death before it matured, out of the first money collected of his estate. A similar letter was also addressed to Dr. Hurd. She admitted that this $4,000 was paid by Mr. Hurd; yet she retained the papers and did not turn them over to Dr. Hurd when he came down in March, 1910, at the time his father was dangerously ill. When he became able to travel, Dr. Hurd removed him to Greenwich, Connecticut. They were not among the papers found in Mr. Hurd’s desk and tin box at that time. None of the books and papers obtained by him contained any memoranda relating to trans
During this time she was concealing from the grandson the fact that she was receiving money from Mr. Hurd, and was writing him of Mr. Hurd’s stinginess. In a letter of November 14, 1908, to Dr. Hurd’s wife, she said that she had given Mr. Hurd an “awful lecturing” for writing his “stingy, hard-up letters.” “I told him I would not keep him in my house or turn my hand to wait on him unless he did the right thing by Mr. Byron and Lee as I say when I am talking to him. He was acting mean and ugly around the house for a week or so before I heard from the doctor, and on the first kept out $5 on his board, so I waited for two or three days, and told him I wanted it. He said I haven’t got it’ and when he did give it to me he turned his back and took it from a big roll, so you
A letter to Dr. Hurd speaks of the stinginess and crankiness of his grandfather, of his meanness in getting a stick and beating her little grandson, of his smoking ways, and of his being too mean to be around children. This was dated April 22,1908.
Her only explanation of these references to stinginess, crankiness, etc., was that Mr. Hurd requested her to so write in order to deter them from writing for money. Her representations, if untrue, are not excusable on this ground; much less does it furnish an excuse for representations of her friendliness to Dr. Hurd and her attempts to exercise an influence upon his father on his behalf. The evidence and circumstances shown thereby indicate, on the other hand, that she was really engaged in exciting his prejudices against them by suggestions that all they cared for was to get his money.
We are satisfied from the evidence that instead of his gifts being voluntary acts of an old man in grateful appreciation of daughterly affection, kindness, and care, or the acts of a lover desiring to provide for the future of a woman whom he was prevented from marrying solely by fear of his son, they were the result of fraud and undue influence practised and obtained through letters and recommendations purporting to come from his deceased wife. Without those he would not have parted with his money in the large amounts shown by the bank books and drafts.
The plaintiff, as executor, is entitled to a decree canceling the said gifts and transfers of money, and impressing a trust upon the securities into which said moneys have been converted. As
The decree is reversed, with costs, and the cause remanded with direction to make such orders and to issue such process as may be necessary to the complete relief of the plaintiff, and thereafter to enter a final decree in conformity with this opinion. Reversed.
A motion by the appellee for rehearing was denied May 13, 1913. A motion by the appellee for the allowance of an appeal to the Supreme Court of the United States was denied May 13, 1913. The mandate was issued June 2, 1913. A motion by the appellee for leave to file a bill of review was filed June 23, 1913, and was denied October 8, 1913.
Reference
- Full Case Name
- HURD v. CRAMER
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Equity; Adequate Remedy at Law; Gifts; Fraud; Mental Incapacity; Undue Influence; Process. 1. Equity has no jurisdiction where the plaintiff has a plain, adequate, and complete remedy at law; but to be such, the remedy at law must be as practical and efficient to the ends of justice and its prompt administration as the remedy in equity. 2. There is no such plain, adequate, and complete remedy at law as to exclude equitable jurisdiction of a suit to set aside, upon the ground of fraud and undue influence, gifts of money and property by one who has been adjudged incompetent, where the incompetent’s memory as to the transactions is defective, and the books which came into the hands of his conservator contain no evidence of the transfers, which extended over a period of several years, and which were concealed by the defendant, and the funds received by the defendant have been converted into notes whose makers are unknown to the plaintiff, and where the suit in equity involves account, fraud, misrepresentation, concealment, discovery, declaration of trust, the following of trust funds, and injunction. (Citing George v. Ford, 36 App. D. C. 315.) 3. An aged man’s manifestation of some of the weaknesses of old age and his belief in spiritualism do not alone constitute such mental incapacity as will warrant the setting aside of gifts by him of money and property. 4. Such influence over a man eighty-nine years of age as is a natural concomitant of his gratitude to a woman who attended and eared for him in his infirmity would be insufficient to warrant the setting aside of gifts of money and property to her, although they were large and frequent. (Citing Madre v. Gaskins, 39 App. D. C. 19.) 5. Large gifts of money and property by a man eighty-nine years of age, and a believer in spiritualism, to a woman with whom he made his home, will be set aside at the suit of his executor on the ground of fraud and undue influence, where they were induced by what the defendant represented as spiritual communications from the donor’s deceased wife, to-whose memory ho was deeply devoted, and where the defendant concealed the gifts from the donor’s children, and, while repx-esenting to them her desire to overcome his unkindness and lade of generosity to them, was really engaged in exciting his prejudices against them by suggesting that they cared only for his money. 6. Where gifts of money which were procured from a decedent by fraud and undue influence have been converted by the donee into securities, and in a suit by the executor the donee has failed to discover their whereabouts, the plaintiff is entitled to have such incidental auxiliary process as may be necessary to procure the possession of all such securities and the proceeds thereof.