Guild v. Warne

Citations

• 149 Ill. 105
• 36 N.E. 635

Syllabus

<p>1. Witness—competency of party in suit as heir or devisee. On bill filed by the children of a grantor of lands to set aside their father’s conveyances to a grandson, one of the complainants, being also a party in°interest, will not be a competent witness in his own behalf or for his co-complainants. And if one of such complainants dies, and his heirs are made parties complainant, they will also be incompetent, as well as their wives.</p> <p>2. Mental capacity—to make a valid disposition of property. On a bill by the heirs of a deceased grantor, to set aside deeds on the ground that the grantor was incapable of making a valid disposition of his property, the burden of proof will rest onothe complainants to prove the allegations of their bill. They must show such a degree of mental weakness as to render the grantor incapable of understanding and protecting his own interests.</p> <p>3. The mere circumstance that the mental powers of a person have been somewhat impaired by age or disease is not sufficient, if he still retains a full comprehension of the meaning, design and effect of his acts, unless, by undue influence of the grantee, he was unable to exercise his will in that respect.</p> <p>4. New trial—on the evidence. It is not accurate to say, without qualification, that appellate courts will not reverse the judgments of trial courts where the evidence of the successful party, considered by itself, without contravening evidence, is clearly sufficient to sustain the verdict. Language to that effect is only properly used, if- at all, when the evidence is conflicting and would justify a finding either way.</p> <p>5. Chancery—weight to be attached to the findings of jury and the court. Where witnesses testify orally on the trial of an issue of fact in a chancery suit, this court will not ignore the rule that a presumption must be indulged in favor of the decree which can only be overcome by evidence from which this court can say it is clearly wrong.</p>