Joseph Worden Not An Heir

To the Estate of the Late Alva Worden

Opinion of Judge Kinne

Filed an Important Case This Morning--Frank A. Worden is Sole Heir.

Judge Kinne has just decided an important Ypsilanti case and has decreed that Frank A. Worden is the sole heir of the estate of Alva Worden. The opinion denying the complaint of Joseph H. Worden, is as follows:

"This may be said to be a bill of complaint filed for the purpose of having Joseph H. Worden declared to be one of the heirs of Alva Worden, deceased, and as such entitled to his distributive share of the estate, which would be one-half thereof. The defendant contends that the pleadings make a case which belongs to the probate court and that this court is without jurisdiction. I do not agree with counsel in this respect. The counsel for complainant insist that the communications between Alva Worden, deceased, and his wife were privileged; that under the statute no evidence could be given of such communications. I think the contention is sound, and I have disregarded all such evidence.

"It is also contended by complainant that the declarations of Alva Worden respecting his attitude and relations towards the complainant, so far as they were adverse and inimicable, are incompetent testimony. I do not agree with this contention. I think they are competent evidence.

"The main facts in the case are as follows: The complainant in this case when a child between 4 and 5 years of age was placed by his father, Horatio Blood, In the 'Baldwin Place Home for Little Wanderers' in Boston, Mass., with the object to have him apprenticed or adopted by some family through the instrumentality of said institution. This occurred on April 31, 1875. Shortly thereafter and on May 25, 1875, the child was brought with others to Ypsilanti, Mich., for the purposes aforesaid, and the following agreement was made:

[Here is set up at length the agreement to take the child, care for and educate it and to return it to the home if not wanted, signed by Alva Worden.]

"At this time Alva Worden was married and living with his wife and they had one son, the defendant in this case, Frank A. Worden, who was about six years of age.

"The complainant was taken into the family and treated as a son and received substantially the same consideration as their own son, Frank.

"In 1888, Mr. and Mrs. Worden were divorced. Mr. Alva Worden died in January, 1902, leaving Frank Worden his sole direct heir.

"Mr. Worden gave both of the children a good school and commercial education. He was a man of exemplary habits and it is evident that both of the boys caused him anxiety, trouble and sorrow. Evidently the boy Joseph was a disappointment to him. After the separation of Mr. and Mrs. Worden and before Joseph had reached his majority he left the home or Mr. Worden and remained some years at different places in the state. He again returned to Ypsilanti and remained at the home of Mr. Worden until some two years ago.

"In a determination of this case, if the court were at liberty to dispose of he estate of Alva Worden according to its pleasure or fancy, the task might be an easy one, but such is not the province of a court. The estate of Alva Worden should go either where he designed it or where the law places it. The law has profited by experience. It has grown in wisdom as well as in power. Safeguards have been placed, from time to time, looking to the protection of the property of the dead as well as of the living. Barriers have been erected which have proven salutary against deception and fraud. The statute of frauds is not to be readily ignored or abrogated. Real estate and personal property should not pass from the dead to the living, unless the pathway is clean and clear, and all reasonable doubt removed.

"I do not think this contract signed by Alva Worden admits of the construction placed upon it by complainant. I do not think it promises or contemplates making Joseph H. Blood an heir to his estate. In my opinion, the mutual relation and obligations of Joseph H. Blood and Alva Worden so far as this contract is concerned, ceased and were discharged when the complainant reached the age of 21 years. There is no claim but that Alva Worden fully executed the spirit and duties of this contract. I can discover no reason why there should be read into this contract an agreement that Joseph H. Blood should inherit the property of Alva Worden or any part thereof. This contract on the part of Alva Worden was essentially an act of charity and benevolence. It was intended as a shield and protection for the child: but not as a sword against the estate of Alva Worden. Public policy calls for no such construction of this contract, and such an interpretation would, in my opinion, be fatal to the prosperity and existence of such institutions as the Home for Little Wanderers.

"The evidence in this case satisfies me that Alva Worden lived and died, without any thought or expectation that the complainant would join in the inheritance of his estate. He looked to his son, F. A. Worden, as his sole heir. The kindness and indulgence which he extended to the complainant after he reached his majority was manifestly due to the forbearance nature of Alva Worden, rather than to any idea that the complainant then occupied the relation of son and heir.

"If upon such a state of facts as are presented by this record, the estate of a deceased person is to be transferred in whole or in part, it seems to be that benevolent persons will hereafter be slow to open the doors to the helpless and unfortunate.

"It may be hoped that the defendant will treat the complainant with continued consideration and generosity. The bill, I think, should be dismissed without costs, as against the complainant."