Watson v. Young Women's Christian Ass'n

Urner, J., delivered the opinion of the court. The principal question in this case is whether the evidence is legally sufficient to prove that the will of William F. Airev, of Baltimore, who died on January 5th, 1920, was procured by undue influence. The will was executed on August 5th, 1918. It disposes of an estate of the approxi ³⁵⁶ mate value of $200,000.

After providing for the payment of forty dollars monthly to his housekeeper, Beulah Bedmond, during her lifetime, and bequeathing $100 to a former employee,. $1,000 to the Caroline Street Methodist Episcopal Church, to be known as the “Airey Eund,” and various articles to some of his cousins and nephews, the will devised and bequeathed all the residue of the estate to the Young Women’s Christian Association of Baltimore City, a body corporate, in trust to invest the corpus and all income derived therefrom until the combined corpus and income should amount to $200,000, and thereafter to apply the income to its corporate purposes. It was directed, that the corpus of the trust estate, when augmented to the amount stated, should be kept intact and should be known as the “William ■F. Airey Endowment Eund.” A request was made in the will that a simple service be held each year by the association on the anniversary of the testator’s birth. At the time of the execution of his will Mr. Airey was eighty years of age. "While his health was impaired it is conceded that he was then mentally capable of making a valid deed or contract.

It does not appear by whom the will was drafted. It was executed at the office of an insurance company, to which Mr. Airey went unattended, and where he signed the will in the presence of -two of the officials of the company, who, at his request, subscribed their names as witnesses. Mr. Airey was never married. His next of kin and heirs at law are a sister and five nephews and nieces.

The pending caveat was filed by the sister, Mary E. Watson, who was later joined in the proceeding by William O. Airey, a nephew, and Emma Bhodes, a niece, of the testator. Issues involving the questions of mental capacity, undue influence, and the formal execution of the will, were transmitted to the Superior Court of Baltimore City. The trial there resulted, at the close of the plaintiff’s case, in a directed verdict for the defendants on all the issues, the instructions to that effect ³⁵⁷ in reference to the issues of mental capacity and due execution being conceded. There are three exceptions to the exclusion of proffered evidence and one to the withdrawal of the issue of undue influence from the jury.

The general theory upon which the will has been contested is that Miss Redmond, the testator’s housekeeper, was unfriendly to his relatives and unduly influenced him to discriminate against them in the disposition of his estate, and that the activities of the president and secretary of the Young AYomen’s Christian Association accounted for the gift of nearly the whole estate to that institution. There is no evidence in the case that the officers of the association ever made any effort to influence Mr. Airey in regard to his will or ever made any suggestion to him on that subject. It may be inferred that they naturally and properly sought to enlist his interest in the philanthropic organization which they represented. But the record is wholly devoid of any evidence which could justify the inference that the will, or any of its provisions, was the product of their influence, or even of their advice.

The testimony shows that Mr. Airey’s attitude towards his kindred was affectionate and generous. There were frequent indications of his interest in their welfare. It was testified that he had expressed a purpose to make substantial provision by his will for the three caveators. In 1914 he mentioned $20,000 as the amount intended for his sister, Airs.

AYatson, hut indicated that the provisions for his nephew, William C. Airey, and his niece, Mrsi. Rhodes, would not he so large. It does not appear to have been his intention at any time to leave a considerable proportion of his estate to his relatives. The purpose to devote the greater part of it to some form of philanthropy had evidently existed in his mind for a long period.

Many years before his death he referred to an institution engaged in an important service of that nature to which he proposed to “leave his money.” The provisions of his will clearly reveal a desire to create for him ³⁵⁸ self a memorial by devoting his estate mainly to the establishment of an endowment fund, bearing his name, for the use of a great benevolent organization in the city where he had spent all the years of his long and active life. The amount of the fund he wished to provide for that purpose was $200,000, and the income from his residuary estate was directed to be added to the corpus until that total was produced. In providing for the early accomplishment of that result the testator gave less consideration than might have been expected to the interests of his relatives as probable objects of his bounty. Whether there is legally sufficient evidence to prove that such a disposition of the estate was occasioned by undue influence is the question to be determined.

The testator’s housekeeper, Miss Redmond, who is charged with having unduly influenced him in reference to his will, had been a member of his household for a period of fourteen years. She was originally employed as a house girl to assist Mr. Airey’s aunt, who lived with him until her death in 1907. Afterwards Miss Redmond performed all the domestic service required in the home, except for occasional help in the house cleaning. Her