Clearwater v. Kimler

Citations

• 43 Ill. 272

Syllabus

<p>1. Hbed—mental weakness of grantor. Where a bill is -filed fey a part of the heirs of a deceased person, to set aside a deed of conveyance to another heir, on the ground, that the grantor was mentally too wéak and imbecile to be capable of executing such an instrument,.and it appears from the evidence, that he manifested prudence and judgment in determining the best mode of having the conveyance take effect after his death, it will not fee’ presumed, that he was Mentally too weak to execute such a conveyance.</p> <p>3. Same—consideration. Where a father-in-law makes a deed to his son-in-law, to be held as an escrow until after the death of the grantor, before delivery, with the agreement, that the grantee pay a price fixed by them, and that the grantee and wife shall reside near him, and he shall render assistance and contribute to the comfort of the grantor and his wife so long as they live courts will not be rigid in scrutinizing the relative value of the property and the money paid as the consideration. The owner of property has the legal right to dispose of it as he may choose, and may distribute it among his children during his life, instead of by will, and if in doing so, he makes a part of his heirs the recipients of his bounty beyond others, the remaining heirs have no legal right to complain.</p> <p>3. Same—mistaJce— corrected im equity. Where, in preparing a deed for execution, the scrivener misdescribes the property, when made satisfactorily to appear, a court of equity will correct the mistake and reform the deed.</p>