Jenifer v. Kincaid

Collins, J., delivered the opinion of the Court. This is an appeal by H. Courtenay Jenifer, Committee of the Estate of Mattie Miles; Joseph A. Miles; and Christine D. Miles; appellants; from an order of the Circuit Court for Baltimore County overruling a demurrer to the petition of Cecelia Kincaid, Trustee for Mattie Miles, appellee. On October 7, 1946, S. Alvirda Hanna filed a petition in the Circuit Court for Baltimore County in which she stated that she was a niece of Mattie Miles who was about eighty years of age and an incompetent. She made the following allegations.

The next of kin of Mattie Miles are the petitioner, and the following nieces and nephews. Martha Ellen Murphy, Cecelia Kincaid and William H. Troyer. The said Mattie Miles inherited real estate, also bonds and securities of a value of more than $19,000. Joseph A. Miles and Christine D. Miles, his wife, by deception and fraud practiced upon Mattie Miles persuaded her to leave the farm upon which she lived and to reside with them in a house owned by her to the entire exclusion of Mattie Miles, nieces and nephews.

Prior to the time when Mattie Miles moved to ¹²⁴ this house the petitioner often visited and cared for her, but since that time the nieces and nephews have not been allowed to see her. The petitioner further alleged that Mattie Miles was not physically or mentally capable or competent to manage her property or business affairs. By means of deception, fraud and duress, the said Joseph and Christine Miles persuaded and caused Mattie Miles to convey or transfer to them all her property so that in the event of her death all her property would pass unto the said Joseph and Christine Miles, thereby depriving the next of kin of Mattie Miles of any distributive share of her estate. At the time these conveyances were made to Joseph and Christine Miles, the said Mattie Miles was incompetent and mentally incapable of executing a valid deed or contract.

Because of the fraud, deception and duress practised by Joseph and Christine Miles, the said Mattie Miles has been deprived of all her property, real, personal and mixed, and there is a possibility that she may become a public charge. The petitioner further alleged that Mattie Miles was mentally incompetent and of unsound mind and Joseph and Christine Miles prevailed upon the incompetent to have certain bonds and bank accounts transferred to Mattie Miles and themselves as joint tenants. The petitioner prayed that subpoenas be served upon Mattie Miles, Joseph Miles and Christine Miles. The petitioner asked that a trustee be appointed to take charge of and manage the person, property and estate of the said Mattie Miles under the jurisdiction of the court; that Joseph and Christine Miles be enjoined from disposing of any interest they may have in any real estate conveyed to them by Mattie Miles and also be enjoined from withdrawing any money from any bank, institution, or loan association or from disposing of any bonds or other securities in which Mattie Miles, Joseph Miles and Christine Miles are designated as joint owners or joint tenants or joint trustees or otherwise.

An answer was filed to that petition by Joseph and Christine Miles, through Jenifer and Jenifer, solicitors, ¹²⁵ denying the material allegations of the bill. They further alleged that Joseph A. Miles is a cousin of Mattie Miles; that H. Courtenay Jenifer, Esquire, has continuously since the death of the brother of Mattie Miles been her counsel and advisor and has had full control under her direction of all her property and estate of every nature and kind. They alleged that in August, 1946, Mattie Miles suffered a partial paralytic stroke as a result of which her physical and mental faculties have become impaired and at this time she is probably not mentally capable or competent of the management of her property or business. She is possessed of property set out in the answer and there is no possibility of her ever becoming a public charge.

After the chancellor took testimony in open court, a decree was signed on January 21, 1947, assuming jurisdiction of the personal property and estate of Mattie Miles and appointing Christine Miles, committee of the person of Mattie Miles under direction and supervision of the court. The decree further ordered that H. Courtenay Jenifer be appointed committee of the estate of the said Mattie Miles with full power and authority to care for and manage her property, upon filing bond therein provided. The decree further ordered that Cecelia Kincaid, a niece of Mattie Miles, “be and she is hereby appointed Trustee for the sole purpose of inquiring into the circumstances surrounding any conveyance, or conveyances, of real estate made by the said Mattie Miles within the period of the last five years immediately prior to the date hereof, and report to this Court any circumstances which may warrant the filing in this Court by said Cecelia Kincaid, as Trustee, a petition, or petitions, asking that any such conveyance, or conveyances be set aside by this Court and declared to be null and void, this Court reserving, however, any action or decision on any such petition, or petitions, pending a full hearing in this Court thereon; it not being assumed that this Court by the appointment of the said Cecelia Kincaid as Trustee for the purpose provided herein, is passing judgment upon the merits of ¹²⁶ the allegations of the petition of S. Alvirda- Hanna, the petitioner herein, concerning the legality or validity of ■any conveyance, or conveyances, or other disposition made by the said Mattie A. Miles of any of her property within said five-year period.” No appeal was taken from that decree. With leave of court on November 4, 1947, Cecelia Kincaid, Trustee appointed by the Court for Mattie Miles, filed a petition setting out that Mattie Miles was eighty years of age and the names of her nieces and nephews as next of kin.

The petition also made the following allegations. Upon the death of her only two brothers, Mattie Miles inherited three parcels of land. She also inherited cash, bonds, and securities of the value of about $19,000. Shortly after the death of George Miles, her last surviving brother, a distant relative named Joseph Miles, together with Christine Miles, his wife, by fraud and deceit induced her to leave the farm upon which she lived and make her home with them.

Subsequently Joseph and Christine Miles have established themselves in a confidential relationship with Mattie Miles. They have taken advantage of such confidential relationship and induced her to purchase certain property for the sum of $7,500, she retaining a life interest in herself, with the remainder to Joseph and Christine Miles, and have also persuaded her to take them to live with her in this property at no cost to them. Joseph and Christine Miles have further taken advantage of the confidential relationship existing between them and Mattie Miles and fraudulently and deceitfully induced her to convey to them absolutely three parcels of land which she inherited upon the death of her brother and no consideration whatsoever was passed from Joseph and Christine Miles to her for said conveyances. Joseph and Christine Miles have established such confidential relationship and have refused to allow the petitioner and other next of kin of Mattie Miles to converse with, see or visit her, although on numerous occasions they have attempted to do so.

The petition further alleges that Mattie Miles was not physically or ¹²⁷ mentally capable or competent to manage her business affairs. At the time Joseph and Christine Miles used, as a result of their confidential relationship, fraud, duress and deceit, thereby persuading and causing Mattie Miles to execute deeds transferring her real estate to them, she was incompetent and mentally incapable of executing a valid deed or contract. Because of the fraud, deception and duress exercised by Joseph and Christine Miles on her and by reason of the confidential relationship existing between them, she has been deprived and stripped of all her property, inequitably and without just consideration therefor. The petition asked that subpoenas be served on Mattie Miles, Joseph Miles and Christine Miles.

The petition also asked that Joseph and Christine Miles be enjoined from disposing of any interest they may have in any real property conveyed to them by Mattie Miles; that any conveyance from her to them be set aside and declared null and void; that they be required to account for all money, bonds, securities and any other property, real, personal or mixed, in which Mattie Miles, Joseph and Christine Miles are designated as joint owners or joint tenants or joint trustees or otherwise. With leave of court H. Courtenay Jenifer, Committee of the Estate of Mattie Miles; Joseph A. Miles; and Christine D. Miles, on November 26, 1947, filed a demurrer to the petition last herein set forth. From an order of court overruling that demurrer and granting leave to Joseph and Christine Miles to file an answer, the appellants appeal. Appellants claim (1) that the lower court had no power to appoint Cecelia Kincaid trustee for the limited purpose as provided in the decree of January 21, 1947; (2) that the appellee did not have such an interest in the subject matter as would entitle her to file the petition here in question; (3) that this petition was not properly filed in the proceeding instituted for the purpose of the appointment of a trustee under the Non Compos Mentis provisions of the Code; and (4) that the court was not ¹²⁸ correct in its