Creswell v. Welchman

Citations

• 95 Cal. 359
• 30 P. 553
• 1892 Cal. LEXIS 828

Syllabus

<p>Deed by Aged Woman to Nephew—Consideration—Prevention or Support — Cancellation. — Where a woman nearly seventy years of age, with no children ot relatives in this state, made a deed reserving a life estate in herself, and granting a remainder in fee of her real estate to her nephew, who, at her request, came to this state from New Jersey, at his own expense, to live with her, take care of her, attend to her business, and improve her home, and make it more comfortable, in consideration of the deed, and it appears that she was, at the time of the making of the deed, of sound mind, and executed and delivered it voluntarily, in the absence of fraud or undue influence, and that the nephew and his wife in good faith came to this state to make their home with her, and cared for her, and spent four hundred dollars in repairing and enlarging the house, when she changed her mind, and would not permit them to remain, through no fault of theirs, and that after they left they offered to send her money if she needed it, or to return and rent the property, which offer she refused because she had remarried, the deed will not be set aside at suit of herself and husband.</p>