Hirons v. Hubbell

PIakke, J., delivered the opinion of the Court. The bill of complaint was filed in this cause on September-21st, 1920, by the appellee, Julian B. Hubbell, to compel the appellant, Mabelle Rawson Hirons, to reeonvey and. transfer to the appellee valuable real and personal property received by her from him, and to account for the rents-received, on the ground that the property had been obtained from the appellee by means of fraud and undue influence-practiced- and exercised upon him by the appellant. The-answer of the appellant denied the charges preferred by the ball of complaint, and asserted that the transactions assailed were for a good and valuable consideration. After the taking of the testimony, the parties were heard* and a decree-was passed granting the relief sought by the bill of complaint, and this appeal Wa's then taken.

The appellee, Julian B. Hubbell, was about sixty-seven. years old when the assailed transactions occurred, and the property involved is mainly what came to him through his-association for over thirty years with Clara Barton, whom he first met in 1876. He was her secretary, companion, and. physician, while she ivas engaged in establishing the American Rational Red Cross in the United States, of which she was the president for twenty-three years, and while she was; pursuing her other humanitarian work, and during the. ⁵⁹⁵ period of these services, he received no regular compensation. Miss Barton lived on her property at Glen Echo, Montgomery Comity, from 1897, but she had conveyed it to the appellee several years before her death in 1912; and the appellee, who was unmarried, continued to live on the property alone. After Miss Barton’s death, the appellee had conceived the idea of the erection on the property at Glen Echo of a memorial in honor of Clara Barton, and was endeavoring, with indifferent success, to attain its accomplishment through financial contributions, when ho was visited by a widow', Mabelle Rawson Hirons.

The home of Mrs. Hirons’ father in Oxford, Massachusetts, adjoined the summer residence of Miss Barton, and Mrs. Hirons knew Miss Barton and the appellee. She was familiar with the fact that Dr. Hubbell had been Miss Barton’s secretary for many years and was. her devoted friend, •and aspired to found an institution as a memorial to Clara Barton’s memory ‘and bearing her famous name. At the time of her visit, Mrs. Hirons was about forty-two. years old, well educated, a fluent and entertaining conversationalist, handsome, magnetic, and with the manner and bearing of a woman of the world. She came, without invitation or' announcement, and was met nt the door of the residence by Dr. Hubbell.

From this point, the testimony of the visitor and of her host are in direct conflict on every material issue of fact. The Court has carefully road, weighed and considered all flic testimony and exhibits from every angle, and with particular reference to the points presented by counsel for the appellant in their oral argument and on their brief. The Court is impressed with the difficulty of reconciling some •of the evidence, and of accounting for some of the features of the proof, but this difficulty is not confined to the testimony offered by one side, but occurs in that offered by both ;the appellant and by the appellee. The appellant’s veracity was 'a’ssailed by fourteen witnesses of the neighborhood, who •testified that from her general reputation they would not ⁵⁹⁶ believe her on oath, and eight other witnesses affirmed that' she had a good reputation for honesty and integrity.

Theappellee’s reputation was not directly assailed, but on his-own admissions he had treated the solemnity of an oath with, but scant respect in former legal proceedings. He frankly confessed the wrongful nature of his acts, while he attributed them to his complete obedience to the express commands-of Clara Barton as revealed to him by the appellant. However, after giving full effect to every fact affecting the credibility 'and weight of the testimony on the part of the appellee,, we have no hesitancy in concluding, with the able a-nd experienced chancellor below, that the appellee fully established his cause by the preponderance of proof. The proof showed conclusively that Clara Barton and Dr..

Hubbell believed in spiritualism, and h'aid been in the habit, of seeking advice in their personal and business affairs from-the dead through messages conveyed by mediums. Although, denied by Mrs. Hirons, the evidence has convinced the Court' that Mrs. Hirons was aware, before her visit, that Clara-Barton and Dr. Hubbell were spiritualists, and that, with this knowledge, Mrs. Hirons visited the home of Dr. Hubbell on Sunday, May 3rd, 1914, and told him that her father-had asked her to call and find out how he was getting along. and what was being done towards the building of a memorial in honor of Clara Barton, who had been dead two years; and that her father did not want her to come back until she' had obtained this information. After some discussion off the memorial contemplated by Dr. Hubbell, he was so impressed by.her enthusiastic endorsement of his undertaking' and by her evident desire to co-operate in its accomplishment, that the appellee invited Mrs. Hirons to remain and help him in his plans. She agreed and stayed in- his home from the day of her arrival.

At this time William H. Sears,, an attorney of Washington, was visiting Dr. Hubbell. According to the evidence of the appellee, on the Sunday evening Mrs. Hirons came, while they were alone together, a re ⁵⁹⁷ markable scene was enacted, which Dr. Hub-bell described in this manner: “While we were alone, after these conversations about the memorial, Mrs. Ilirons said, ‘I see Miss. Barton standing over there. Oan’t yon see her?’ ‘Ho,’ I said, ‘I don’t.’ ‘She seems to he trying' to speak to you.

Wait a minute,’ and then began twitchings of the muscles of her arms, body, limbs, growing more and more violent, and then a deep breath, and apparent unconscious stale. After a little waiting, she began to force whispers. ‘Doctor, doctor’ — only this was very feeble, remember — ‘Listen, I have brought her to help' you carry out your memorial plans. I have worked hard two years to get her away from her family, to bring her to you. You must be good to her, or she will not stay.

If you work with her, you will succeed. If you do not, you will fail. She loves the home, as I do, and will work with you he'a’rt and soul. She has great powers which you cannot understand now, hut will see later.

If you are not good to her, she will not stay. If you oppose her you will fail. _ All those who oppose her suffer. Bemember what I say. It is hard for me to use her.

It will he easier as she learns. Waken her carefully. The heart may stop. Bub her hands gently, then her arms, then her right- shoulder and right side of her neck.

Then she said, ‘Oh, oh, what are you doing? What is the matter with my neck ? What are you doing to my nook ?’ Then, ‘Have L been 'asleep- ’ I said, ‘Yes, Miss Barton has been talking.’ ‘What did she say,’ Mrs. Hirons said. She said, ‘She has brought you here to help- me carry out my memorial plans.’ ‘Is that all she said ’ ‘Ho,’ I said, ‘She said I must be good to you, and you would be good to me.’ 29-Q. Was tbat all that occurred at that time?

A. Yes. I might say that l helped her to lie on. the couch and she was resting, went out to do my chores that had been neglected, feed and milk the cow, as I Was keeping bachelor’s hall.” The following morning Mrs. Ilirons went with Sears to inquire about securing additional land for the memorial site; ⁵⁹⁸ and, on her return, assumed and dischaged the duties of a housekeeper, became i'll, and Wa's confined to her room for three days, with the appellee preparing and carrying her meals to her. On the evening of the third day she fell into another trance while she and the appellee were alone. The whole episode is portrayed by the appellee’s testimony. “Now, after that was there anything unusual that occurred?

A. On the evening of this third day, Mrs. Hirons .said again, ‘I see Miss Barton standing over there’ and again she asked me if I did not see her. I said ‘No.’ Again she said, ‘She wants to speak with you.’ The twitching and jerkings of the muscles and of the body were similar to the first trance. After taking the deep inspiration she said, ‘Doctor, I am glad that you are being good to the little one. I have brought her here to help' you.

She has great wealth and control of great wealth. John T. Clark is devoted to her. If she marries him, she will not stay. She will go away.

To keep her here you must put your property in her naane. If it is in her name she will stay, she will put her property in, and all that Clark will give her. You must listen to her. If you! do not, you will fail.

Again, I say, if you oppose her in any way you will fail. Those who oppose her suffer. Remember what I say. She is devoted to the old place and will work hand in hand with you for your memorial purpose.

I have worked hard to bring her here. I will use no other person to communicate with you. No one must know that she is a medium. If this were known her power would be lost.

You must go to Mrs. Wameke no more. Keep, no diary. I must use her no more now. She is getting weak.

The life stream will break easily. Waken her gently as you did before.’ After coming to* -consciousness again she said, ‘Have I been asleep ’ ‘Yes,’ I said, ‘And Miss Barton has been talking.’ Mrs. Hirons said, ‘What did she say ?’ I s'aid that you had come to help build the memorial, that John T. Clark would put in his help', for you, that I must put all my property in your name to secure the co-operation of •Clark. ‘Did she ask that ?’ Mrs. Hirons asked, and I replied, ⁵⁹⁹ ‘Yes.’ ‘Well,’ Mrs. Hirons said, ‘The doctors all say that I have diabetes, and can live but two years. If the rest of my life can be used in building a memorial to 'Clara Barton I will feel that it has not been wasted. I am willing to accept the responsibility that she requests or directs you to-put in my hands, if yon feel so disposed.’ I said, ‘When Miss Ba'rton was living I always followed her directions or suggestions as far as I was able, and I have not changed since she has passed on, and I am willing to do as she says/ Mrs. Hirons said, ‘I am glad to hear you say that, doctor, we will join hands and make here a memorial to Clara Barton that shall he to Glen Echo what Mount Vernon is to George Washington, only that, being! nearer Washington, it will he visited by more people who honor and love Clara Barton.

T think we ought to begin at once to carry out the plans that are already in mind. 32-Q. Did she sa,y anything during the trance 'a's to what name you would he called ? A. She did. She says, ‘Doctor, I will call her “the little one” and I will call you “Lola,” hut you1 must not write nor speak this name. When I say ‘Lola’ and press my finger on your wrist three times, you will know that I am with you/ 33-Q. Did she say anything to yon about her medium-ship '( A. Yes, after this second seance she said, ‘I never knew before I was a, medium, but when I was a child, I remember telling my mother that she would attend the funeral oí her father in two weeks, naming the day.

Her father then was in perfect health. She attended the funeral as I had £)redioted.” The appellee testified that, at the time of the appearance of Mrs. Hirons, his efforts to enlist support in his plan to build the Clara Barton memorial had not been successful; and that the entrance of the appellant, with her representations of her own wealth and of her ability to command whatever other funds might he necessary for the consummation of his cherished project, seemed to him providential and he had no reason to doubt the genuineness of these- statements or the existence of her resources. He and Clara Barton ⁶⁰⁰ were believers in spiritualism and. in the power of the undying dead to communicate to the living through the aid of a medium. He accepted the message as being the injunction of his late friend and patroness, and in obedience to her will ho informed Mrs. Hirons that he would convey his property to her in order to secure the perpetuation of the n'ame and fame of Clara Barton.

Mrs. Hirons’ reply was: “Doctor, I am very much pleased that you have taken this step. We will work together here, heart and soul, and we will begin .at once, and on the banks of the Potomac here with the old home, we will make an ideal spot for the world to visit. I wish to begin at once, and I know you do.” The appellee lost no time, but directed his friend, General Sears, to draw the deed conveying all his real estate, which the appellee estimated to be worth sixty thousand dollars, less mortgage liens of about ten thousand dollars. This deed was executed on May 14th, 1914, in Washington.

As a consequence of another trance, and for the purpose of giving; Mrs. Hirons “better control and a feeling of absolute independence in carrying on the work,” Dr. Hubbell was directed by the spirit of Clara Barton to give by bill of sale “all the private papers of the late Clara Barton that were given to said Julian B. Hubbell by said Clara Barton in her -lifetime, and also all the household and kitchen furniture, plate, pictures, carpets, rugs and tapestries, and ornaments, and all other personal property of every kind and description belonging to the said Julian B. Hubbell, and now in the Clara Barton Home, Red Cross Station, Glen Echo-, Montgomery County.” The bill of sale included a cow, the poultry, tools, implements, lumber and all other personal property of every kind and description on the premises, and closed the enumeration with the declaration “it being the intention of the said Julian B. Hubbell to sell all of the personal property in said house, however acquired ‘by him, whether from the said Clara Barton or his own family.” This bill of sale was executed at Rockville on May 20th, 1914, and it -and the deed for& the real property were both, recorded on that day. In addition, ⁶⁰¹ the appellee gave to appellant water bonds of tbe town of Glen Echo in the par value of $4600, and other claims and monies aggregating a large amount. Tbe appellee testified positively that be never received a cent by way of consideration. After tbe property was so transferred, tbe appellee and appellant continued to live at Glen Echo, and solicited contributions for tbe purpose of the memorial.

According to tbe appellee’s testimony, tbe money received was given to Mrs. Hirons. She dealt with the property as her own, selling and conveying lots and collecting tbe rents; and placed mortgagees, aggregating $5300, on tbe land. When tbe appellee remonstrated she informed and quieted him by tbe statement that she was merely carrying out