Argo v. Coffin

Citations

• 142 Ill. 368
• 32 N.E. 679

Syllabus

<p>1. Deed — setting aside for incapcity of grantor • — degree of mental weakness. Before an heir can claim a decree setting aside a deed made by his ancestor, upon the ground of mental incapacity of the grantor, in the absence of proof of undue influence, he must show such a degree of mental weakness as to render the grantor incapable of understanding and protecting his own interests. The fact that his intellectual powers were somewhat impaired by age is not sufficient, if he still retained a full comprehension of the meaning, design and effect of his acts.</p> <p>2. The fact that a party is physically unable to look after his property, or that his mind is enfeebled by age or disease, if not'to the point of lunacy or imbecility, will not take from him the power and right to dispose of his property, by deed, as he pleases, there being no undue influence practiced.</p> <p>3. Same — menial capacity — of facts evidencing. A party about eighty-seven years of age, in poor health and childish, made a conveyance of a tract of land worth over $5000 to one of his sons for $2000, the grantor being incited thereto by the fear that a part of his land might be sold for a debt. He had the deed made and left it with a justice of the peace, not to be delivered, however, until the grantee should surrender his note of $1000 and take up his note held by a brother on the father, had liis wife’s dower retained in the deed, and required a contract giving him the use of the place for his life, after the execution of which he destroyed a will he had made : Held, that these acts of the grantor clearly indicated that he understood what he was doing, and comprehended the nature and effect of his acts.</p> <p>4. Sanity — presumption, and burden of proof. The law presumes every man to be sane until the contrary is proved, and the burden of proof rests upon the party alleging insanity.</p>