Mackall v. Mackall

Citations

• 135 U.S. 167

Syllabus

<p>A bill in equity was filed to set aside a deed made to one' of his sons by the grantor as made under undue influence, and to affirm the validity of a will executed by that grantor a short time before the making of the deed. A decree was entered, affirming the deed as to a part of the property conveyed by it as a confirmation of a previously acquired equitable title, and setting it aside as to the remainder. The plaintiffs appealed; the defendant took no appeal; Held, that, although the decree was apparently incongruous in supporting the deed as to a part and sotting it aside as to the remainder on a bill charging undue influence, yet as no appeal had been taken by the defendant, the court would look into the merits, and that, whatever criticism might be made upon its form, the decree was substantially right.</p> <p>When a husband and wife separate, and one son remains with the father, taking his part, sharing his confidence and-affection; and’ assisting him in his affairs, and the other children go with the mother, taking her part in the family differences, and -this state of things continues for years, until terminated by the death of the father, it is natural, and reasonable that the father, in disposing of his estate, should desire to specially provide for the son who remained with him and took his part; and a deed ' made by him with this object, and under the natural influences spring- ’ ing from such relationship will be sustained, unless it be' made further Jo appear that the son practised upon the father imposition, fraud, .importunity, duress, or something of that nature, in order to secure its execution.</p> <p>The fact that a party who has received a paról gift .of real estate has entered into possession and has expended money in improvements . .thereon, presents-equitable considerations ,to uphold a decree establishing a subsequent conveyance as a confirmation.of the equitable title.</p>