Pierce v. Pierce

WHITE, J. Plaintiff, as administrator of the estate of Herbert A. Pierce, deceased, instituted this action to set [696]aside three deeds to four parcels of real property conveyed by said decedent during his lifetime to defendants, who are his son and daughter, and also to recover the sum of $2,100 cash allegedly obtained from said decedent by defendant Nellamae Pierce Brown, allegedly without consideration therefor and by means of fraud, deception and undue influence allegedly exerted by said last named defendant daughter.

The real property and money around which this litigation centers was allegedly obtained by defendants about January 8, 1942. The father, Herbert A. Pierce, died on February 19th of the same year. Prior to his death and on September 26, 1941, decedent executed an holographic will leaving his entire estate in equal shares to his four adult children, who, in addition to both defendants, included plaintiff Mno Pierce, administrator of his father’s estate, and Mrs. Lillie B. McClellan.

The complaint alleged that during the last illness of decedent and approximately five weeks prior to his death defendants “fraudulently taking advantage of the incapacity, illness and weakness of mind of said Herbert A. Pierce, deceased, and through exercising undue influence upon said decedent, caused him to sign deeds to the aforesaid four parcels of property then owned by him to the defendants herein.” Then follows similar allegations as to the alleged activities of defendant Nellamae Pierce Brown in obtaining from her father the sum of $2,100 cash.

By their answer defendants generally and specifically denied the allegations of fraud, deception and undue influence alleged in the complaint, and by way of an affirmative and separate defense set forth that “each and every of the said transfers of real property and personal property were made upon valid and valuable consideration passing from and to these defendants and the said decedent.”

The cause was tried before the court sitting without a jury, resulting in a judgment against defendants adjudging and decreeing the aforesaid deeds to be null and void and directing defendants to convey said properties to the estate of their father, Herbert A. Pierce. Also by the judgment herein, the above mentioned sum of $2,100 cash was decreed to be part of the estate of Herbert A. Pierce and that the transfer of said sum to defendant Nellamae Pierce Brown was null and void. From this judgment both defendants have appealed.