Taylor v. Weller

Kintner, J., by special assignment, delivered the opinion of the Court. The bill of complaint in this case was filed on August 26,, 1955, by Cecilia J. Fowler, a spinster, aged eighty-two years, against the appellants. The prayers of the bill were to de ⁵⁸⁰ clare void certain deeds and for the sale of the property therein described. On September 27, 1955, Miss Fowler died and the appellee, her executor, was substituted as plaintiff.

The case was tried in the Circuit Court for Carroll County on June 8, 1956, and the Chancellor passed a decree declaring the property to be held in trust by the appellants for the appellee, ordering it to be sold and directing the proceeds of sale to be held subject to further order. This appeal is from that decree. The property, a small dwelling in Westminster, had been acquired by Miss Fowler in 1917 and she resided there alone for the next thirty-six years until she was eighty years old. The record does not show what her source of income was, but it appears that at her death she had no more than fifty dollars.

In 1953, at her request, her nephew, Joseph H. D. Taylor, one of the appellants, then a single man, came from his home in Pennsylvania to live with her. The record is wholly barren of information as to the prior associations between aunt and nephew. The latter was not called as a witness in the case. Much that might otherwise have been informative has been ■excluded by the Evidence Act.

On November 14, 1953, Miss Fowler conveyed the property to Taylor, reserving to herself a life estate. She was then in good health, mentally and physically, despite her ■eighty years. The dwelling was in need of repairs and it had no conveniences. In March, 1954, and in August, 1954, nephew and aunt borrowed $2,700 from a bank on mortgages. 'This was used to repair and improve the property.

Sometime between August, 1954, and January, 1955, Taylor married and his wife came to live there. The wife was employed in a shoe factory but the amount of her earnings is not shown. Shortly before the marriage she had received $1,600 in a settlement with her former husband and it is claimed part of this also went into the improvement of the property. The record shows nothing as to Taylor’s employment or earnings.

On January 29, 1955, Taylor, his wife and Miss Fowler conveyed the property to a straw party who reconveyed it to ⁵⁸¹ Taylor and wife as tenants by the entireties. At the same time an agreement under seal between Taylor and wife and Miss Fowler was executed. It was drafted by a lawyer as indicated by its form. It recites the execution of the deed, it states that the Taylors have made extensive improvements to the dwelling and expended large sums of money for that purpose and concludes with the following: “NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of One Dollar ($1.00) and in further consideration that the said Cecilia Josephine Fowler shall have the right and privilege to reside in said dwelling house for and during the term of her natural life, and in further consideration that in the meantime the said Joseph H. D. Taylor and Beatrice Marie Taylor, his wife, or the survivor of them, shall furnish her with reasonable and necessary food, clothing, and medical attention, and at her death be responsible for her reasonable funeral expenses, the said Cecilia Josephine Fowler does hereby simultaneously with the execution of this agreement grant and convey said property so that the said Joseph H. D. Taylor and Beatrice Marie Taylor shall hold and possess the same free and clear of her life estate therein.” The property was valued at $5,000 at the death of Miss Fowler.

The Taylors had paid $579.73 on the mortgage debt of $2,700. They have paid the funeral expenses of $440. If, as they contend, Mrs. Taylor put an additional $1,500 in the improvements, the equity of Miss Fowler in the property at the time of her death would have been but $360. Tn July, 1955, Mr. and Mrs. Taylor became ill and both were taken to hospitals.

Apparently neither had any money at that time as they were certified for such treatment by the Carroll County Welfare Board. Mr. Taylor was sent to Sinai Hospital and Mrs. Taylor to Johns Hopkins. She underwent two major operations. On August 2, 1955, they returned.

The AVelfare case-worker found that the Taylors would be unable to work for six weeks and that Miss Fowler would be without means of support. On August 5, 1955, all three made application for public assistance. On August 19, 1955, Mrs. Taylor reported to the case-worker that Miss ⁵⁸² Fowler was ready to go to a nursing home to be provided by the Welfare Board. Some delay occurred because such home was not immediately available.

On August 22, 1955, Miss Fowler was taken by Mrs. Taylor to the home of Miss Anna R. Myers, who was a niece of