Linn v. Blanton

Citations

• 111 Kan. 743
• 208 P. 616
• 1922 Kan. LEXIS 338

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action to Set Aside Deed — Father to Son — Undue Influence. The evidence to support a judgment setting aside a conveyance of land from father to son examined and held insufficient to support a finding of undue influence on the part of the son or the son’s agents.</p> <p>2. Same — Evidence Required to Prove Undue Influence. Before a conveyance of land to a son by a father, conceded to have mental capacity ‘to make a contract, deed, or gift, will be set aside for undue influence it must clearly appear that at the time the conveyance was made this influence was exercised to such an extent as to deprive the grantor of his free agency and to substitute for his will the will of another.</p> <p>3. Same — Deed ¡rom Father to Son — Oral Promise o¡ Carre and Maintenance— Good Consideration. An oral promise by a son “to keep and care for his father during the rest of his lifetime” is a lawful consideration for a deed from the father to the son, and when the son’s oral obligation is neither disputed nor breached, such deed may not be set aside by a court of equity, in the absence of undue influence, fraud or other illegality.</p>