Hattie v. Potter

Citations

• 54 Wash. 170
• 102 P. 1023
• 1909 Wash. LEXIS 965

Syllabus

<p>Cancellation of Instruments' — Fraud—Undue Influence — Want of Capacity — Evidence—Sufficiency. Fraud will be inferred and a deed set aside for want of capacity, where it appears that the grantor, an aged inmate of a charity hospital, upon inheriting an estate of the value of $20,000 through the death of his son, suffered a general break down and made voluntary conveyances of all the property to one heir to the exclusion of others, without any natural reason therefor, at a time when his mind was so weakened that he was peculiarly susceptible to influence, and he probably did not have sufficient intelligence to understand the nature of the transaction.</p> <p>Same — Conveyance from Parent to Child — Undue Influence— Burden of Proof. When an aged parent conveys all his property to a daughter to the exclusion of other heirs, without any consideration for his future support, the burden of proof is upon the grantee to show by clear and convincing evidence that it was fair and fully understood by the grantor.</p>