Flanagan v. Flanagan

Briscoe, J., delivered the opinion of the Court. Rachel Elanagan, the grantor in the deed here in contro versy, is the widow of Thomasi Flanagan, under whose will she obtained for life, with, remainder to their two sons, a certain leasehold lot of ground in Oatonsville, Baltimore County, and which is described in a deed, marked Plaintiff’s Exhibit "No. 2, set out. in the Record in the case. On the 11th day of May, 1911, shei (the widow) and' Arthur Joseph Flanagan, one of the' sons, by a deed of assignment, absolute on its. face, conveyed all their right and' interest in. this lot of ground unto Charles Lee Flanagan, one-of her sons, and the other remainderman, so as. he would hold! the entire title to the property. Charles Lee Flanagan, the grantee in the deed of assignment, died intestate and without children, in May, 1917, but leaving surviving him a widow, who subsequently adminis ³³⁴ tered upon his estate and is one of the appellees on the record now before us.

In the course of the administration of -his estate, the property in question was sold at public sale, and purchased by the appellee, Joseph Kahler. The sale was duly reported by the administratrix to the Orphans’ Cburt, and after a hearing, upon certain exceptions thereto, was finally ratified by that Court. On the 1st of October, 1917, the plaintiff below, and the appellant here, began proceedings in the Circuit Court for Baltimore 'County, to prevent and restrain by injunction the administratrix from executing a. deed to- the purchaser for the lot of ground, and also to vacate and set aside the deed in question, so far as it conveyed her life interest in the lot of ground, and also for a decree directing a reconveyance of her life interest to her. The case was- heard in the Court below upon demurrer to the bill of complaint, and, from an order of Court sustaining the demurrer and dismissing the bill, this appeal has been taken.

The basis- of the plaintiff’s relief rests upon the allegation of her bill that the real consideration for the deed was an oral promise and an agreement between the mother and son, if she would convey her life interest to him, he would support and furnish her with a home for the remainder of her natural life; that the son is dead, without leaving sufficient means to provide her a support and maintenance, and to permit the deed to stand, without the promised assistance and support of her son, would work a constructive fraud upon her as she is without other means of support, at the age of 81 years. The deed, here assailed, it will be seen, is upon its face an absolute conveyance, and states “that in consideration of the sum of five dollar’s- to them in hand paid, said Rachel Flanagan, and Arthur Joseph Flanagan do grant and convey unto the said Charles Lee Flanagan, his personal representatives and assigns, all that lot of ground situated in Baltimore County,” as described in the deed. ³³⁵ There is no other