Janowitz v. Slagle

McWilliams, J., delivered the opinion of the Court. Joseph Janowitz, Senior, a resident of Baltimore City, died' 10 September 1963. His children are at odds over the division of his property. This opinion will be more easily understood, if, first, we identify those concerned.

Father —Joseph Janowitz, Senior Joseph —Joseph Janowitz, Junior, an appellant, one of the children, the husband of Helen Helen ■—Helen Janowitz, an appellant, the wife of Joseph Raymond —Raymond Janowitz (died 7 February 1965), one-of the children, the husband of Margaret Margaret -—Margaret Janowitz, an appellant, the widow of Raymond Regina —Regina Janowitz Slagle, an appellee, one of the children Edward —Edward Janowitz, an appellee, one of the childrens ¹⁴² Leonard —Leonard Paul Janowitz, an appellee, one of the children Georgia —Georgia Janowitz (died 5 March 1964), widow of the father, the stepmother of the 5 Janowitz children Early in August 1963 the father was taken to a hospital and Georgia, an arthritic, was placed in a nursing home. When the children were told that the father would not recover from his illness they held a meeting, in mid-August, at Regina’s house, to discuss what steps should be taken to provide care for the father and Georgia. While they agreed to assume equally the obligation of providing whatever care might become neces- ■ sary they decided to exhaust the assets of the father before using any of their own. It was agreed that Raymond would take over the bank account to facilitate withdrawals therefrom.

The house, 4205 Parkwood Avenue, was owned by the father -and Georgia as tenants by the entireties. They agreed that a few more names should be added to the deed to expedite the ■ sale of the house, if a sale became necessary. They agreed also to share in the upkeep of the house until it might be sold. Raymond assumed control of the bank account and, it might be noted, there seems to have been no impropriety in his disbursement of the money.

Soon after the death of the father .Regina, Raymond and Ambrose J. Meyer, Esq., who had been 'the father’s attorney, went to the nursing home to discuss with 'Georgia the addition of the names of some of the children to the deed. The record is silent as to what may have been said. However, two deeds were prepared, presumably by Mr. Meyer, •one conveying the property to him and the other reconveying it to Georgia, Raymond and Joseph, as joint tenants. Georgia -and Mr. Meyer executed these deeds on 30 September 1963.

In March, 1964, a few weeks after Georgia’s death, Regina • and her 4 brothers held another meeting, this time at the father’s house. Since no mention was made of the bank account we shall assume there was nothing left. The disposition of the house was their chief concern. They agreed to sell it and divide the avails.

Regina testified that “Joseph said in most emphatic -terms that no matter how big or how little they will be divided ¹⁴³ equally in five ways.” Leonard quoted Joseph as saying that “regardless of how large or how small, definitely it [the avails] will go five ways down the middle.” There is evidence that each one of the children contributed services of some value to the care of the sick and the maintenance of the house. Regina, for instance, sold some of the furniture and made herself available to show the house to prospective customers; Edward and Leonard helped build a new porch and, from time to time, cut the grass and clipped the hedge. Early in September, 6 months after Georgia’s death, Raymond and Joseph, the surviving joint tenants, conveyed the property to Mr. Meyer who immediately reconveyed it to them as tenants in common. The property was sold not long thereafter for $10,000.

The closing was held on 5 January 1965. Apparently the settlement checks were made out to Joseph and Helen and y2 to Raymond and Margaret. At or about the time of settlement Joseph told Regina that Helen “was giving him a problem as far as signing the check, that she was demanding a good portion of the check and that he couldn’t handle the situation, that he needed time.” Late in April, 1965, Regina received from Margaret (2 months after Raymond’s death) a check for $517.26. Regina’s version of the circumstances, nowhere denied, follows: “* * * on the first occasion, she called me to tell me she was willing to comply with her husband’s,