Perkins v. Jackson

Grason, J., delivered the opinion of the Court. In 1926 Bertie Cameron and her husband acquired a house and lot known as 1013 W. Lafayette Avenue, Baltimore City, for which they paid $8,500. Simultaneously, they executed a purchase money mortgage on ⁶¹⁹ .this property to the Chesapeake Mortgage Company of $5,000, and a second mortgage to the Beacon Permanent Building and Loan Association of $2,500. Her husband died, and she become the sole owner of the property.

The house was a rather large three-story structure in a good colored neighborhood. She rented rooms in the house from the time she purchased it. She had been a servant for Mr. Howard M. Emmons, and worked for him for years. In 1939 she improved the property.

The second and third floors were converted into apartments. The first floor was not improved. She occupied the first floor herself. At that time she mortgaged the property for $2,600 to pay for the improvements.

The money received from the mortgage was not sufficient to pay. for the improvements and Mr. Emmons advanced her $1,277.60. The costs of the improvements totaled $3,877.60. For two and a half years Pearl W. Jackson rented an apartment from Bertie Cameron. She then moved to 1009 W. Lafayette Avenue, only two doors from the residence of Bertie Cameron.

She was a school teacher and taught school at Carver Vocational Senior High School, Lafayette and Carrollton Avenues. Bertie Cameron was not a business woman, and had spent most of her life working as a servant for Mr. Emmons. After she stopped working for him at his home she did laundry work for Mr. and Mrs. Emmons, and Mr. Emmons took the laundry to her and stopped to get it when it was finished, practically every week, until she became physically incapable of doing the work. He was very fond of her and advised and helped her.

Mr. Emmons is a lawyer and for years has been vice-president of the Monumental Life Insurance Company. As Bertie Cameron grew older, and for some years before her death, Pearl W. Jackson acted as her business agent She collected the rents from the apartments and looked after her affairs generally. Bertie Cameron died in her apartment on January 27, 1943, ⁶²⁰ intestate. She had two sisters living, one Effie Perkins,, who was married and at the time of her sister’s death occupied one of the apartments at 1013 W. Lafayette Avenue, with her husband; and Daisy O. Wilson, who was married and living with her husband on Pierce Street, Baltimore City.

When Bertie Cameron died Effie Perkins was notified immediately, and in turn Daisy Wilson and Mr. Emmons. They all met on the day Bertie Cameron died, in her apartment, and Pearl W. Jackson was there. Mr. Emmons, of course, knew all three of these colored women. The two sisters of Bertie Cameron were totally unfit to administer on her estate, as they were without business experience, with no connection whatsoever with legal affairs.

They were house servants. Pearl W. Jackson was an educated woman, teaching in one of the best colored schools in the city, had acted as agent and collected the rents and looked after the property for Bertie Cameron in her lifetime, and Mr. Emmons suggested to the two sisters that they did not know how to conduct the administration of Bertie Cameron’s estate, and Pearl W. Jackson was suggested for that office. This was on the evening of Bertie Cameron’s death. Mr. Emmons told the sisters that nothing should be moved from Bertie Cameron’s apartment.

The sisters agreed that it would be best that Pearl W. Jackson be appointed administratrix, and sometime in February the two sisters, together with Wayman Widgins, renounced their right to administer upon the estate, and suggested that Pearl W. Jackson be appointed administratrix of the estate of Bertie Cameron. The Orphans’ Court appointed her administratrix, and she qualified by filing a bond. The two sisters evidently wanted Mr. Emmons, who had known them for years, to advise the administratrix in the administration of the estate. Mr. Emmons is an elderly gentleman and did not want to act as advisor, and suggested Mr. Howard Calvert Bregel.

Accordingly, he called Mr. ⁶²¹ Bregel and told him he was turning the matter over to him for legal direction. Pearl W. Jackson called on Mr. Bregel. She did not known him before Mr. Emmons directed her to him, and on her first visit to Mr. Bregel she advised him that these sisters, elderly colored women, agreed to sell her all their right, title and interest in this fee simple property, of which Bertie Cameron died seized and possessed, each sister to receive as consideration therefor the sum of $200. From that time on Mr. Bregel acted as counsel for Pearl W. Jackson in the purchase of this property.

His associate, Mr. Z. Townsend Parks, Jr., acted as counsel for Pearl W. Jackson, Administratrix, and, other than seeing her at his office, Bregel had nothing to do with advising Pearl W. Jackson in administering the estate of Bertie Cameron. The first thing that Bregel did in the matter was to send out identical letters, dated February 25, 1943, to Effie Perkins and Daisy O. Wilson. These letters are as follows: “You are probably aware that the property left by Mrs. Cameron is subject to a mortgage in Calvert Bank, and many other current expenses, which, due to the low income derived from the rental of same, would be in default if it were not for the fact that Miss Jackson has been contributing for many years, the necessary assistance to keep the property running, and not be sold at forced sale. “Inasmuch as it will take several months to settle this matter, it will be again necessary for monies to be advanced to keep this property intact, and I am informed that you would dispose of your interest in the property at this time for the sum of $200.00, instead of advancing the necessary monies as would be necessary to do. “I will call on you sometime within the next few days to present you with the check for the sum of $200.00, and will present you with the necessary Assignment for your execution. ⁶²² “Before I go to this trouble, will you please indicate at the bottom of this letter and return to me in the self-addressed envelope, which is enclosed, so that I will be assured that this is your understanding. Very truly yours, Howard C. Bregel.” (signed) At the bottom of this letter is the following: “I hereby agree to accept the sum of $200.00 for my interest in the estate of Bertie Cameron as above set forth.” In the letter addressed to Effie Perkins this was signed, Effie Perkins, and the one addressed to Daisy O. Wilson was signed, Daisy O. Wilson.

These two letters were exhibited with the answer to the bill of complaint. Also exhibited with the answer is the following: “I, the undersigned, being one of the heirs of Bertie Cameron, deceased, in consideration of the sum of Two Hundred Dollars $200.00, in hand to me paid, the receipt whereof is hereby acknowledged, do hereby grant, convey, assign, transfer, release, and set-over unto Pearl Jackson, all my right, title and interest in and to said estate of Bertie Cameron, deceased, and especially and including property known as No. 1013 W. Lafayette Avenue. “As Witness my hand and seal this 4th day of March in the year nineteen hundred and forty-three. Signed Effie Perkins (seal)” This instrument was acknowledged on the 4th day of March, 1943, by Effie Perkins before C. Marcellus Dorsey, Notary Public. An identical instrument was signed by Daisy O. Wilson, and acknowledged on the 4th day of March, 1943, before the same Notary Public.

On the 8th day of June, 1943, a deed was executed by Ulysses Widgins and Wayman Widgins, unmarried, of the City of Philadelphia, State of Pennsylvania, and Effie Perkins and Daisy O. Wilson, unmarried, of the City of Baltimore, to Pearl W. Jackson, whereby they “in consideration of the sum of Five Dollars and other good and valuable considerations” granted and conveyed unto Pearl W. Jackson, her heirs and assigns, in fee ⁶²³ simple, all their right, title and interest in and to the property aforesaid, of which Bertie Cameron died seized and possessed. All of these papers relating to this property transfer were prepared by Mr. Bregel. On the 14th day of July, 1944, Pearl W. Jackson granted and conveyed this property to her mother, Georgia V. Walker, unmarried, the consideration being “Five Dollars and other good and valuable considerations.” On the same day, to wit, the 14th day of July, 1944, Georgia V. Walker, unmarried, conveyed this property to Pearl W. Jackson. The habendum clause in that deed is as follows: “To Have And To Hold the said lot of ground and premises above described and mentioned and hereby intended to be conveyed together with the rights privileges appurtenances and advantages thereto belonging or appertaining unto and to the proper use and benefit of the said Pearl W. Jackson for and during the term of her natural life with full power in the meantime to sell mortgage lease limit convey or in any other manner dispose of the absolute estate in said property without the consent or joinder of anyone and from and after her death in the event said powers are not exercised then to Sophronia Stewart Griffin her heirs and assigns in fee simple.” Wayman Widgins and Ulysses Widgins appear to be sons of a deceased brother of Bertie Cameron, Thomas W. Widgins.

In the bill of complaint, however, it is stated that these two men were the natural children of Thomas Widgins, by a woman named Mary Jane Wise, to whom Thomas Widgins was never married, and that they are not heirs at law of Bertie Cameron. The chancellor, however, did not go into the question of pedigree. The following was agreed to by counsel for the respective parties: That the property, 1013 W. Lafayette Avenue, was in fee simple and subject to a mortgage to the Calvert Bank, in the sum of $1,500 at the time of the death of Bertie Cameron; that the deceased owned ⁶²⁴ a share of stock of the American Telephone and Telegraph Company, also five electric refrigerators which were omitted from the inventory and not administered on in the Orphans’ Court; that on November 10th the administratrix filed an inventory of the personal property showing as the sole personal estate, one share of American Telephone and Telegraph Company stock, appraised at $154; that the inventory of real estate filed by the administratrix showed as the sole estate in fee simple the property No. 1013 W. Lafayette Avenue, appraised at $3,000; that the administratrix filed in the Orphans’ Court an inventory of debts, showing that the decedent owed the sum of $1,500 to the Calvert Bank, secured by a mortgage on the real estate at No. 1013 W. Lafayette Avenue. At the time of the death of Bertie Cameron she occupied the first floor of No. 1013 W. Lafayette Avenue, as her own apartment.

The weekly rents from the apartments on the second and third floors, together with the rents from a garage, amounted to $41.25, which Pearl W. Jackson had been collecting for some time prior to the death of the decedent and applying to the expenses and upkeep. This she continued to do after the death of the decedent. Sometimes after the deed of the property was made to Pearl W. Jackson, Daisy O. Wilson was told that she and her sister had no interest in the. property and would not participate in the profits from the same. The bill in this case was then filed.

It states what has been narrated, together with other matters which we need not detail. It prays: 1. That the deeds mentioned be canceled and annulled. 2. That Ulysses Widgins and Wayman Widgins may be adjudged to have acquired no interest in the real and personal property of Bertie.

Cameron, and that the conveyance by them be declared null and void. 3. That the agreements and subsequent assignments be vacated, annulled and set aside. ⁶²⁵ 4. That Pearl W. Jackson account for the rents received by her from the premises 1013 W. Lafayette Avenue. 5. That a receiver be appointed to collect the rents and manage the property. 6.

That Pearl W. Jackson be required to account for the refrigerators, household goods and effects and other assets belonging to the estate of Bertie Cameron, deceased, not inventoried or accounted for by her in her administration account in the Orphans’ Court. 7. That a receiver be appointed to take care of the personal estate of Bertie Cameron, deceased, which has not been administered on, and complete the administration thereof. 8. That an injunction issue restraining Pearl W. Jackson from disposing of any unadministered personal estate of Bertie Cameron, deceased, or in anywise to dispose of or encumber the premises 1013 W. Lafayette Avenue. 9. And for further relief.

To this bill answer was filed by Pearl W. Jackson, in which she denies the material allegations, and sets up that the deed of the sisters to her of their interest in the property was fair and equitable. Sophronia Stewart Griffin answered the bill, and says she is a mere nominal party and acquires no interest whatever in the property in question until after the death of Pearl W. Jackson. The case was heard in open court and consumed some two or three days in the taking of testimony. At the conclusion of the case the chancellor decreed: “It is this 20th day of November, ordered by the Circuit Court of Baltimore City that the bill of complaint be and the same is hereby dismissed. “And it is further ordered, that Effie Perkins and Daisy Wilson account to the administratrix of the estate of Bertie Cameron for the personal property of said decedent taken by them, and that Pearl W. Jackson, administratrix account in the Orphans’ Court of Balti ⁶²⁶ more City for the five electric refrigerators which were not inventoried in said Court. “And * * * that the Defendants pay the costs of these proceedings.” From this decree the case comes here.

It is clear that Bertie Cameron and her husband purchased this property in 1926 for $8,500, and the money was raised to purchase the same by two mortgages totaling $7,500; that these mortgages were paid, and at the time of Bertie Cameron’s death there was a mortgage of only $1,500 on the property. It is not shown that she or her husband came into possession of any money or property by inheritance. The inference is that the” reduction of the $7,500 debt existing when they purchased the property was from what they saved by their frugality, and rentals from the property. There were debts, which we will refer to.

Pearl W. Jackson was asked: “Q. There has been some question about you taking papers, etc.—things of that kind. Will you tell us about that? A. I only had papers of her debts. I looked after Mrs. Cameron’s affairs.

Naturally she would have had the papers.” She found two life insurance policies. They totaled in amount $280. She was named as beneficiary in the policies. She was asked: “Wasn’t that done for the purpose of paying the funeral expenses?

A. Exactly, and I did that.” And she said the funeral expenses were $300 and she added $20 to the $280 received from the life insurance, in payment of the funeral bill. She testified that upon Bertie Cameron’s death, Mr. Emmons was called immediately. He came and saw the two sisters and herself and a man and his wife, who were cousins of the deceased. “Mrs. Perkins and her sister suggested that I carry on the legal business as I had heretofore. It was agreed upon by the sisters and Mr. Emmons that he would draw up the necessary papers—She said that Mr. Emmons knew the two nephews in Philadelphia, whom she had never seen, and he stated that all four people would have to be included to get the ⁶²⁷ estate in proper legal shape.

Effie Perkins at that time objected to bringing in the two nephews, and said they were born out of wedlock. Thereafter Mr. Emmons made a second visit and the whole matter was discussed as to the property—that this was either the night that Bertie Cameron died, or the next night, and thereafter stated that the second visit of Mr. Emmons took place probably a week after the funeral. All the people who were present at Mr. Emmons’ first visit were present on his second visit. He brought the necessary renunciation paper and had it signed, and stated that he was sorry that he could not attend to the matter because of failing health, and referred them to Mr. Bregel, who would handle the estate.

She stated that they discussed “how much was owing on the property, how the property stood, and the necessary information that any persons concerned about the property should know” and that the two sisters said “they felt that they would like me to have the property, and Mr. Emmons said that it would have to be carried through legal procedures. To make a statement was not enough.” “They (the two sisters) decided that they would take a sum for the property, for their share, asking me to give $200.00”; that both Effie Perkins and Daisy Wilson made the suggestion that she give them $200 for their interest in the property. Mr. Emmons was present all the time and that concluded the meeting. She further said that at that meeting “Mr. Emmons said the Widgins boys would have to be considered, so that was understood that they would have to have their share,” which was $200 each.

She was asked how the figure of $200 was arrived at, and she answered “I don’t know. That was their (meaning the sisters’) suggestion.” There was no discussion of whether $200 which the sisters were to get for their interest in the property was too little or too much. After this testimony her recollection seems to have been refreshed. “Q. Was there any discussion, I believe you said, one time about the amount of a mortgage and other things? Was that at that meeting too?

A. Oh, yes, ⁶²⁸ all of that was taken care of at that meeting, the amount of the mortgage due. The mortgage was $2600.00 and the balance was $1500.00 that is, at the time of the death of Mrs. Cameron.” That this all occurred in the presence of Mr. Emmons at the second meeting with him. She said the discussion of the mortgage was made at the end of the meeting “and when all the bills were laid out. The books there were put on the table and given to Mr. Emmons and Mrs. Perkins and Mrs. Daisy Wilson.” One of the bills was a note to Mr. Emmons for $400, and this money was used to exterminate termites.

There was a bill of $800 due the General Contracting Company, who held a contract to put a new roof on the house, and a receipt of $100 having been paid by the deceased. This contract, however, was terminated and the $100 that had been paid to the General Contracting Company by the deceased was returned to Pearl W. Jackson, as administratrix. After mentioning the mortgage again, she testified: “I think they were the most outstanding bills.” (That is, the mortgage, the note of $400 to Mr. Émmons, and the $800 to the General Contracting Company.) “There may have been some small bills. There was a doctor’s bill to be paid.” She mentioned the funeral bill of $800, $280 of which was paid by life insurance taken out by the decedent for the purpose of her burial.

There were taxes to be paid. She then produced a list of bills which she