Lovelace v. Free

JENNINGS, J. The plaintiff in this action, by her original complaint, sought the aid of equity to'enforce an alleged agreement of the defendant Arthur M. Free to devise to her certain real property and to continue in force unmodified a certain joint policy of life insurance issued on the lives of plaintiff and said defendant.

The facts alleged by the original complaint are substantially as follows: On July 29, 1925, the plaintiff and said defendant Arthur M. Free entered into an agreement [266]whereby it was provided and agreed that during the joint lives of said persons the plaintiff would permit Free to occupy her home as his home and that she would render to him services in furnishing him with a home, board, personal care, nursing, driving him in her automobile, caring for his clothing, and rendering such other service of a similar nature as he might desire or should require and in consideration of plaintiff’s promise to perform such agreement on her part the said defendant Arthur M. Free agreed that he would treat plaintiff as a life employee and that he would transfer and convey to her all property which he then owned or might thereafter acquire and in accordance with his agreement on April 2, 1926, he did execute and deliver to plaintiff a written instrument whereby he disposed of all of his property in favor of plaintiff and thereafter in the month of November, 1931, in conjunction with plaintiff he procured a policy of life insurance in the amount of $20,000 and agreed that said policy of life insurance should belong to said parties for their joint support during their joint lives and should thereafter become the property of the survivor “and such agreement is still in force, as plaintiff is informed and believes, except as modified, without the consent of plaintiff by some provision in said policy in favor of said defendants Maude Iiawke and Florence Stockton Free”. It is also alleged in said complaint that it was agreed that the defendant Arthur M. Free would manage and preserve the principal sum of all property which he owned or should thereafter acquire and that from April 2, 1926, the plaintiff should have the same and an equal right, title, and ownership in all his property as was held by said Arthur M. Free.

The complaint further alleged that in performance of her part of the agreement the plaintiff permitted Free to move into and to occupy her residence as his home; that from April 2, 1926, she furnished him with board, personal care, nursing, automobile transportation, care of his clothing, and such other service as is generally provided in a home until November 22, 1932, when, without her consent he left her home and refused thereafter to accept further performance of the agreement by her and himself refused to perform his part of the agreement.