Francis v. Wilkinson

Citations

• 147 Ill. 370
• 35 N.E. 150

Syllabus

<p>1. Gift—parent taking deed in child’s name. Ordinarily, where a purchase of real property is made by a father in the name of his legitimate child, no trust will result in favor of the father, but the transaction will be presumed to be a gift for the benefit of the child.</p> <p>2. Advancement—adequacy of consideration. Where a father disposes of property by way of advancement or distribution to his children during his life, instead of disposing of it by will, courts will not be as rigid in considering the adequacy of the consideration paid as if the transaction was with strangers. If a father makes two of his sons the recipients of his bounty, the other children will have no legal ground of complaint.</p> <p>3. Mental capacity—required to make a deed or will. A man has. sufficient mental capacity to dispose of his property by will or deed if he is capable of transacting ordinary business, and acting rationally in the ordinary affairs of life. Buying and selling property, settling-accounts, collecting and paying out money, or borrowing or loaning money, are mentioned as instances of what is meant by the transaction, of the ordinary affairs of business.</p> <p>4. A grantor, at the time of making a deed, must know and comprehend the.transaction in which he is engaged,—or, in other words, the mental capacity to be considered is that which exists at the time of the execution of the deed.</p> <p>5. Same—effect of old age and loss of memory. Old age and loss of memory do not necessarily and of themselves indicate a want of capacity to make a conveyance. A deed will stand notwithstanding the fact that the intellectual powers of the grantor have been somewhat impaired by age, if it appear that he retains a full comprehension of the meaning, design and effect of his acts.</p> <p>6. Same—burden of proof. The burden is upon a complainant who-seeks to set aside an executed deed for want of mental capacity, or for the exercise of undue influence, to prove the allegations of hi