Richardson v. Wickart

Collins, J., delivered the opinion of the Court. This is an appeal by Edward J. Richardson and Louise Richardson, his wife, from a decree declaring a transfer of $4,300 and a lot of land to Edward J. Richardson by Henry Wickart, appellee here, null and void. Henry Wickart, the appellee, for the past forty years has owned a three-acre tract of land on Bodkin Creek in Anne Arundel County and has for a long period of time operated there a marine railway and boat yard. He has improved the property by four small houses in one of which he lives and the others of which he rents.

At the time of the filing of the bill of complaint in this case on June 4, 1948, he was eighty-six years of age. . ³⁷ In 1937, Norman Easter, the son of Wickart’s divorced wife, began to assist him in the boat yard after his regular day’s work. He worked on week-ends and during the evenings. On November 3, 1937, Wickart opened an account in the amount of $2,836.17 in the Savings Bank of Baltimore in his name and in the name of Norman Easter, subject to the order of either and at death to go to the survivor. About the same time he made a will leaving his entire estate to Norman Easter.

He also made an agreement with Easter, who was then working for him, whereby any money received by Easter for boat repairs belonged to Easter, and one half the amount received for storing, pumping out, towing and hauling boats on the railway was to be divided equally between Wickart and Easter. Wickart was to receive the total amount of the receipts from house rent and the sale of oil and gasoline. In July and August 1946, Wickart and Easter had arguments over the collection of money. Wickart also had a disagreement with Easter’s mother-in-law and as a result Easter gave up the house which he had rented from Wickart and quit the premises.

On August 20, 1946, the joint account then in the amount of $7,079.60 was closed out by Wickart. In March 1944 a boat owned by Edward J. Richardson, one of the appellants here, sank near Wickart’s boat yard and was pulled up on his railway. At that time Richardson was operating a radio business in Halethorpe. The boat was in very bad condition and Richardson came down on week-ends to repair it.

He and his wife and family occupied a rented shed on Wickart’s property and finally, about a year later, they rented and moved into half of Wickart’s house. In May 1946 the radio business not being prosperous on account of the inability to get parts, Richardson sold it and moved to Wickart’s place permanently. He had no employment, but with a small amount of cash on hand he worked on his boat and fished. Norman Easter was there at that time and remained until July or August 1946.

From that time ³⁸ on the testimony as to the negotiations between Wickart and Richardson is in conflict. Wickart testified that before Richardson was employed by him and after Easter had left he, Wickart, became sick and at that time Richardson said to him: “ ‘Captain, you are sick and you can’t attend to business, if you want me to I will take care of them at 50-50,’ and I said ‘If you want to take it over it’s your own business, but I cannot take care of it. * * * If he pulled a boat out he was to get half, and if he collected rent he was to get half, and half of any other money paid I was to get half of it unless it was his own business, if he did any work on a boat that was not mine, anything that required anything of mine in the use of it he was to give me 50 and he take 50. * * * After a heavy rain, pump the boats out and take care of them, and see to it they were properly fastened to the stake, and keep them afloat.” Wickart testified that while he was sick, but before he was “real sick” Richardson said, “beings you took us, if the will you have, you have not got anybody, and I am going to take care of you and the place, would not be a bad idea if you will the property to me. And I said,‘ydu look all right,’ and I will it to him.” The will was drawn by a lawyer suggested by Wickart leaving everything to Richardson. He admitted that at that time Richardson and his wife were treating him very well.

He said at the time he was sick and before he went to bed, Richardson suggested to him that as he had no relatives he turn his bank account over to him. On August 20, 1946, Richardson drove Wickart to Baltimore and Wickart closed the account in the amount of $7,079.60 in his name and in the name of Norman Easter and opened a new account in the Savings Bank of Baltimore in the same amount in the name of Henry J. Wickart, subject to his order or Edward J. Richardson, without survivorship. On the next day, August 21, 1946, that account was closed by Wickart and a joint account in the amount of $7,079.60 was opened in the joint names of Henry J. Wickart and Edward J. Richardson, sub ³⁹ ject to the order of either, with right of survivorship. Wickart testified that at that time he was the boss.

He said while he was sick the Richardsons took good care of him and he owed his life to Richardson. In October 1947, Wickart testified that Richardson came to him and said: “ ‘Now, if you are short of money give me the bank book and I will go up and draw what you want,’ and I said, ‘That bank book was not to be turned over to you, that was to be yours after my death,’ so I thought if that was the case you and me get that book and go up there and draw it all, and I got scared, that is how I came to go up there and have the names changed.” Wickart thereupon on October 15,1947, closed out the joint account then in the amount of $8,603.93, which he had formerly had with Richardson, and opened a new account in the name of Henry J. Wickart alone. A few days later the Orphans Court for Baltimore City wrote a letter to Wickart inquiring whether there was any inheritance tax due on this transfer. Wickart said that Richardson saw this letter and “got sore,” he doesn’t remember just what Richardson said to him at that time.

Wickart then testified: “He promised to take care of me and to do what was right, he said everything would be different, and I said, ‘I have always acted honestly and you have not and no use talking that way,’ and he said, ‘well, Captain, where [have] I not acted honestly’ and he wanted to know, and I said ‘one case alone you collected rent from my house $54 which you had no right to, you collected in June and not due until July, and you cannot lie out of that.’ He said T acknowledge I did wrong but I guarantee I will give you that $54 back and take care of you the balance of your life and treat you right,’ I said ‘that’s pretty heavy demand you make but how can I expect you to live up to it,’ and he said, T will and my wife will live up to it and everything will be different,’ he talked me into it, and I thought, I am alone what am I going to do, and I said, ‘I will give you another chance with the understanding you will take care of me and be honest and refund that $54 and be straight with me.’ ⁴⁰ Then I took him to Annapolis and gave him the land, then I took him to Baltimore and drew the money and gave him the money.” Wickart said that he was afraid that Richardson was going to leave and that he would be left alone. Wickart said that it was at Richardson’s suggestion that he gave him the $4,300 and the land and that Richardson said: “If you will do that I will guarantee everything will be straight and I will take care of you the balance of your life.” On October 27, 1947, Wickart went to Baltimore and withdrew $4,300 from his account and this was transferred to a new account in the same bank, The Savings Bank of Baltimore, in the name of Edward J. Richardson alone. Wickart then chose a lawyer in Annapolis and went to him and signed a deed transferring a lot to the Richardsons, fronting 50 feet on the water. At the Attorney’s suggestion Richardson paid Wickart $25 for his lot.

Previously, Wickart had arranged with a surveyor to make the survey. Wickart testified that after the deed was signed and the money given, Richardson “acted like he was boss,” collected money that didn’t belong to him and put the gasoline pumps out of order and did not attend to his work. Wickart said after the transfers: “They did not act right at all, he did not pay me the $54 back for one thing he acted dilatory and common towards me anything I asked him he would go the opposite way always.” Wickart said that he and Richardson argued in March 1948 and Richardson said: “ ‘Captain, I have you where I want you, and you cannot get me off the place, and you are not going to get rid of me on the will like you did Norman, I am going to take care of that now.’ I thought that was a threat to my life and I got scared and I telephoned Mr. Car-mack, and I said ‘come over I need you badly,’ and I explained the whole situation to Mr. Carmack, in connection with running the boat yard after Ted [Richardson] took over.” Mr. John J. Carmack, a neighbor, remained with him an hour or so. Wickart stayed in his own home that night.

At Wickart’s request Carmack ⁴¹ took him to Baltimore the next day to make a new will in favor of Carmack. Several days later Carmack suggested that he buy the property from Wickart, who agreed to a purchase price of $4,000. Carmack paid Wickart $1,000 in cash and executed a mortgage to Wick-art for the balance of $3,000. The deed contained a provision that Wickart was to live on the property as long as he lived.

With Wickart’s consent Carmack ordered the Richardsons off the boat yard property. Edward J. Richardson testified that he paid $6 a month rent for the two-room shed and later moved over into half of the Captain’s house. In June 1946 he rented a separate house from Wickart at $10 a month. As his radio business was not successful, because he could not get radio parts, he sold that business and moved down to the boat yard permanently.

At that time he had about $900 in cash and was taking a vacation and intended to go back to brick work in the winter. After Norman Easter left, Wickart did not have any one to help him and he would ask Richardson at various times for help, which Richardson said he always gave him. About the middle of August 1946, after Wickart had been consulting a doctor, he said Wickart offered him the same proposition that Easter had and also offered to make a will leaving everything to him and offered to put his name on the joint bank account. Richardson discussed this with his wife and says he accepted Wick-art’s proposition.

The next morning they went to the lawyer suggested by Wickart and after Wickart had talked to the lawyer for about half an hour, the will was executed. He then went to Baltimore and after the official of the Bank made sure that Wickart knew what he was doing, the bank account was eventually changed to the joint names of Wickart and Richardson, with right of survivorship. After they returned to the boat yard the Captain showed him where he kept his bank book and $500 in bills. Richardson said he then started to work on the place, built a battery shed, put a ⁴² roof on the railway engine house, tore down old sheds, and genérally cleaned up the place.

Wickart contracted penumonia in September 1946 and was very ill. Richardson and his wife nursed him. Richardson said he collected the rent and attended to the boats and turned over to Wickart the money due him. In the Fall of 1946, with the consent of Wickart, Richardson worked elsewhere and looked after the boats on Saturdays, Sundays, and after hours.

During the summer of 1947 Wickart was walking around with canes. Richardson says he attended to practically all of the work at the boat yard and Wickart made no complaint. Richardson collected most of the money and kept the records. Mrs. Louise Richardson, who collected the mail, saw a letter come to Wickart marked “Register of Wills” on the outside.

A letter had come the year before when Wickart changed the bank account the first time. Richardson therefore thought that Wickart had changed the bank account again. When he asked Wickart about the letter Wickart denied that he had made the change but let him read the letter. When Richardson found that Wickart had changed the joint bank account back into Wickart’s name, he says that he told Wickart he did not want to stay there and work steadily any more, that he had a wife and family and he was going back to his trade because he did not know what Wickart