Citizens Trust Co. v. Metzger

76 Pa. D. & C. 421, 1951 Pa. Dist. & Cnty. Dec. LEXIS 293
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedJanuary 22, 1951
Docketno. 1915
StatusPublished

This text of 76 Pa. D. & C. 421 (Citizens Trust Co. v. Metzger) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Trust Co. v. Metzger, 76 Pa. D. & C. 421, 1951 Pa. Dist. & Cnty. Dec. LEXIS 293 (Pa. Super. Ct. 1951).

Opinion

Neely, J.,

— This proceeding is in equity and the matter is before us on plaintiff’s bill and answer thereto and testimony taken. Plaintiff’s bill alleges that Wesley Metzger executed and delivered to defendant a deed dated August 6, 1948, for certain premises known as 1202 North Fourteenth Street, in the City of Harrisburg, Pa., and that the consideration for the execution of this1 deed was a written contract on the same date, under the terms of which defendant agreed to support and maintain Wesley Metzger for and during the term of his natural life. Plaintiff is Citizens Trust Company, as guardian of Wesley Metzger, a weak-minded person.

Plaintiff avers that on September 9, 1949, due to his advanced age, Wesley Metzger had deteriorated to such an. extent, both physically and mentally, that it was necessary to supply nurses and medical care [423]*423in his home, at 1200 North Fourteenth Street, until the commitment of Wesley Metzger in the Harrisburg State Hospital on December 13, 1949. It is averred that defendant was living in the home of Wesley Metzger on September 9, 1949, and in accordance with the agreement defendant was obliged to supply such nursing services, and otherwise provide for the care of Wesley Metzger, but that defendant failed to do so. It is further averred that Wesley Metzger is presently a patient at the Harrisburg State Hospital, and that defendant has refused and continues to refuse to pay any part of his maintenance at that institution.

We are asked to decree a cancellation of the deed of August 6, 1948, and a reconveyance to plaintiff of the premises described in the deed, and further to restrain defendant from otherwise conveying or encumbering these premises. The bill also prays for general relief.

Defendant in his answer avers that his agreement was to support and maintain Wesley Metzger in the same condition in which he was living at the time at the instance and request of Wesley Metzger in the agreement was signed. He avers that he moved into the premises at 1200 North Fourteenth Street January 1945, and thereafter furnished all the food and paid one half of the gas, electricity, fuel, telephone and repairs in and for the property. He avers that he paid no taxes for the reason that Wesley Metzger, who is his half-brother, would not permit him to do so, and that Wesley Metzger would not permit him to pay any doctor bills; that until September of 1949 he paid all the rentals that he received from property No. 1202 North Fourteenth Street to Wesley Metzger. It is averred that his agreement was to provide necessary support and maintenance under living conditions such as Wesley Metzger was [424]*424then enjoying, and that the conveyance of the premises to defendant was primarily because of natural love and affection which Wesley Metzger bore to defendant.

Defendant avers that the conditions necessitating the employment of nurses were entirely different and changed from those existing at the time the contract was executed, and that it was not in contemplation of the parties that defendant should furnish such services. Defendant avers that he has now been requested to pay the expenses of Wesley Metzger at the Harrisburg State Hospital, but contends, that he is not liable for such maintenance and support. It is further averred that plaintiff has no standing in law or equity to maintain the bill in equity against defendant.

Findings of Fact

1. Wesley Metzger is a widower and was born on December 28, 1866.

2. Defendant, Newton S. Metzger, now residirig at 1202 North Fourteenth Street, Harrisburg, Pa., is a half-brother of Wesley Metzger.

3. Mrs. Stella Wilt is the adopted daughter, of Wesley Metzger.

4. In January 1945 Wesley Metzger was the owner of certain premises known as 1200 North Fourteenth Street, Harrisburg, Pa., and was also the owner of other premises known as 1202 North Fourteenth Street, Harrisburg, Pa.

5. In January of 1945 Wesley Metzger was living alone at his property 1200 North Fourteenth Street, and during that month defendant, Newton S. Metzger, and his wife, moved into the premises to live with Wesley Metzger on the latter’s invitation.

. 6. Wesley Metzer’s wife had died about two and one-half years prior to January 1945.

[425]*4257. On August 6, 1948, Wesley Metzger executed a deed for premises situated at 1202 North Fourteenth Street to defendant herein, and at the same time executed contemporaneously therewith with defendant a written agreement, under the terms of which defendant agreed “to keep, support and maintain my brother, Wesley, so long as he shall live; and to provide for him necessary care and maintenance under living conditions such as he now enjoys.”

8. Defendant and his wife had lived at the house of Wesley Metzger at 1200 North Fourteenth Street from January 1945 until August 6, 1948, when the deed and contemporaneous agreement were executed.

9. The deed and agreement were executed in the office of Wesley Metzger’s attorney, and the agreement was executed at the suggestion of Wesley Metzger’s attorney.

10. At the time of the execution of the agreement defendant was providing the meals for Wesley Metzger, and defendant’s wife did the cooking; she did the washing and ironing, cleaned the house, and for two years prior thereto had prepared special foods for Wesley Metzger.

11. The deed dated August 6, 1948, was recorded in the office of the Recorder of Deeds in and for Dauphin County in Deed Book P, vol. 31, page 526.

12. On August 6, 1948, Wesley Metzger showed signs of advancing age and was in need of frequent medical care.

13. In June 1949 Wesley Metzger made a deed for premises 1200 North Fourteenth Street to himself and Stella Wilt as joint grantees.

14. A joint bank account was opened in March 1949 in the names of Wesley Metzger and Stella Wilt at the Allison-East End Trust Company, the funds for which account were made up of Wesley Metzger’s life savings.

[426]*42615. From the date of the execution of the deed for premises 1202 North Fourteenth Street on August 6, 1948, to this defendant, defendant paid the rental received therefrom to Wesley Metzger through August 1949, and in September 1949 paid one month’s rental to Stella Wilt.

16. Although on August 6, 1948, Wesley Metzger was somewhat infirm physically, particularly in his legs, he was not then in any way of unsound mind.

17. After August 6, 1948, defendant and his wife continued to live with Wesley Metzger at 1200 North Fourteenth Street, and the arrangements were satisfactory between the parties.

18. Defendant continued to furnish the food, and his wife likewise prepared the meals, did the cleaning, washing, ironing, and provided general household services.

19. Subsequent to August 6, 1948, and during the year 1949, Wesley Metzger’s physical condition showed signs of further deterioration, which necessitated considerable extra work on the part of defendant and his wife.

20. On February 3, 1949, Mrs. Wilt accompanied Wesley Metzger to certain offices of the Pennsylvania Railroad in Harrisburg, where Wesley Metzger changed the beneficiary in his relief benefits from defendant to Mrs. Wilt.

21. During the year 1949 and until September 9th of that year, defendant and his wife looked after Wesley Metzger in his own.

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Bluebook (online)
76 Pa. D. & C. 421, 1951 Pa. Dist. & Cnty. Dec. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-trust-co-v-metzger-pactcompldauphi-1951.