Leedle v. Christie

Citations

• 24 Ohio C.C. Dec. 572

Syllabus

<p>FRAUD — PLEADINGS—RELEASES.</p> <p>1. General Denial in Action Brought by Legatees to Set Aside for Fraud Releases to Life Tenant, Notwithstanding Will Showing Allegations'True is Set Out in Petition, is not Objectionable.</p> <p>Where, in an action to set aside releases obtained by a- life tenant, from legatees under the will, on the ground that the said releases were obtained by fraud, the mistake is made of incorporating the will in the petition, objection can not be made to an answer in the form of a general' denial, notwithstanding it involves a denial of allegations shown to be true by the will itself.</p> <p>2. Legatees Shown not under Duress but Dealing Openly and with Knowledge Fail to Sustain Burden of Proof of Fraud.</p> <p>The testimony having disclosed tliat the legatees were not under duress, but treated with th,e life tenant at arm’s length, and remarked that they understood their rights, and that they preferred “a bird in hand” to the contingencies in which their legacies were involved, it can not be said that they sustained the burden of proof devolving upon them, and judgment must, be given for the defendant.</p>