Marden v. Scott

Parke, J., delivered the opinion of the Court. This appeal was presented in this court on its own record and the records in two interpleader causes between the same parties as appellants and appellees, and designated as Nos. 95 and 96 on the docket of the October Term, 1927, and the three appeals were argued together. Because the more important questions in all these causes depended upon the determination of the effect to be given to the two paper writings which were the common subject of controversy in all three causes, the opinion in Nos. 95 and 96 (ante, p. 414) governed the conclusion in this appeal, except as to a writing obligatory dated October 15th, 1920. As this third paper was the last of the written instruments given by William H. Scott, and its treatment in the opinion filed in Nos. 95 and 96 would avoid a restatement in this appeal of the pleadings and many of the facts, this third paper was dealt with in that opinion.

It will, therefore, be unnecessary to repeat what was written in that decision, and, for the reasons there stated, the appellant’s equity will cease on the payment of the proceeds of the two insurance policies on the life of William H. Scott to the appellant, tho second paper or codicil being of no effect as a testamentary paper nor as evidencing a subsisting contract ⁴²⁸ between, the appellant and William El. Scott, and the third paper or bond being an indebtedness provable against his estate or enforceable at law, and there being no ground shown why equity should retain its jurisdiction in order to grant relief for the reason that the appellant’s remedy at law was inadequate. However, the decree in this cause cannot be affirmed, as it declared this third paper to be null and void, and no contract or obligation to exist with respect to the two policies mentioned in the first paper writing of November 25th, 1918. For these errors the decree will have to be reversed.

Decree reversed and cause remanded for a decree in conformity with this opinion; the appellees to pay the costs. On motion for modification of decree. The motion of the appellees for a re-argument in Nos. 95 and 96 presents no reason which was not considered or determined by this court in reaching its conclusion after a careful weighing of the oral and written argument and so requires no further discussion. But the appellant’s motion for a modification of this court’s decree in No. 97 introduces -a phase which, not having been heretofore specifically dealt with, will require a -further statement of the court’s view.

On the occasion of the first appeal this tribunal decided on demurrer that, a court of equity had jurisdiction of the parties and the subject matter; and, after the litigants were at issue as a result of the subsequent pleadings, the execution of the three documents involved in the litigation was found to have been admitted, but their validity was assailed on the grounds of fraud and duress. All other defenses, including payment, were open to the appellees; and, on all the