Chase v. Chase

DORAN, J. Charlene and Diane Chase, minor children of Lucille T. Chase and Allen Chase, instituted the within action for declaratory relief, naming the parents as defendants, contending that an agreement between Mr. and Mrs. Chase, dated November 24, 1954, was a valid instrument and for the direct benefit of the children.

Appellant Allen Chase, the father, admitted the validity of the agreement and by a cross-complaint sought specific performance thereof. The respondent mother admitted execution of the instrument but denied its validity, alleging that respondent was not mentally competent at the time of its execution; that Mr. Chase had fraudulently and unduly influenced the respondent to execute the agreement, and had, through the instrumentality of the children, obtained an unfair and inequitable advantage over the respondent. There was also a cross-complaint by Lucille Chase against Allen Chase, alleging default in the payment of a promissory note and asking foreclosure of a pledge of collateral security.

The agreement in question is in the form of a letter from Allen to Lucille Chase dated November 24, 1954, in which Mr. Chase states that it is impossible to maintain the home for the children at 10744 Chalon Road, because “it costs approximately $20,000 a year more to live in this house instead of [542]an apartment,” and “still make the payments on my note to you.” The letter then suggests that if Mrs. Chase “will cancel my note to you in the amount of $64,000 and return the security you are holding to insure alimony and note payments and I will agree to maintain 10744 Chalón Road for seven years (until Diane is 21 years old).” Mrs. Chase signified approval by signing the letter.

Upon the completion of a week’s trial, judgment was entered against the appellants and in favor of the respondent Lucille T. Chase. It is the appellants’ contention that the evidence is insufficient to support the finding that respondent was “of unsound mind but not entirely without understanding” when the agreement was signed. It is also claimed that the trial court erred in refusing to admit certain evidence, and that the findings of fact do not support the judgment as a matter of law.

That the record discloses substantial evidence in support of the trial court’s finding that at the time Lucille T. Chase executed the agreement, “she was a person of unsound mind but not entirely without understanding,” incompetent, and “mentally and physically ill . . . unable to fully understand the nature, the cause or the effect of executing said agreement, or to fully understand its effect upon her rights,” cannot well be doubted.