Eyler v. Spencer

Horney, J., delivered the opinion of the Court. ⁴⁵⁶ This suit was filed by seven (Alice G. Eyler and others) of the eight surviving children of Christian G. Wike, deceased, against William M. Spencer, an unrelated friend of the deceased, and the other living child (Edna I. Kries), to set aside a deed from the deceased father (the grantor) to the friend (the grantee) on the grounds that the grantor was not mentally competent to execute the deed and that the grantee induced the execution thereof by artifice and undue influence. Prior to the death of the wife of the grantor in May of 1960, another daughter, Mary L. Stonesifer, gave up her employment and went to live with and care for her parents. After the death of her mother, the daughter continued to care for her father and in June of 1960 the father caused the property which is the subject of this controversy to be transferred to himself and his daughter Mary as joint tenants. Shortly after the death of his wife, the grantee, who had theretofore frequently called to see the daughter, moved into the' Wike home.

And when the daughter died in April of 1961, the grantee remained and apparently undertook the responsibility of looking after the grant- or until the grantee was hospitalized sometime before Labor Day in 1964. While he was living with the grantor, he did some of the cooking when the housekeeper (whom he paid) was not there to do the cooking and cleaning. He made repairs to the buildings on the property and transacted some business affairs for the grantor. He attended to having the garden plowed and the wood cut and paid for both.

And, in addition, he often paid the grocery and coal bills. Although the children visited their father from time to time and also helped to care for him, none of them (except Edna I. Kries) ever stayed overnight. The grantor died in November of 1964. Except for the reservation of a life estate, he had conveyed all of his real property to the grantee in July of 1961.

About a month prior to the execution of the deed, the grantor had transferred his savings account from his name to the names of himself and his friend, but in April of 1963 he substituted two of his daughters (Edna I. Kries and Eva M. Echenrode) for his friend as joint owners with himself. The grantor was afflicted for at least ten years with arteriosclerosis—a chronic disease of the aged commonly known as ⁴⁵⁷ hardening of the arteries—which in its step-like progression in coming and going at intervals, can cause deterioration of mental capacity. Cerebral arteriosclerosis was stated as one of the causes of death. The medical testimony at the trial was in conflict.

Doctor Foard, the family physician, who had seen the grantor several times in 1961, but not professionally, testified that in his opinion he was not mentally competent to execute a deed in July of 1961. Another physician, Doctor Wilkens, who had treated the grantor twice for a sore toe several days prior to the execution of the deed, testified that the grantor was not mentally competent to execute a deed, but she could not say whether he had sufficient mental capacity to understand a deed if it were explained to him. A third physician, Doctor Jennette, who had also examined the grantor a few days before the execution of the deed for the sole purpose of ascertaining whether the grantor was capable of handling his own affairs, testified that although the arteries were getting “a little tough”