McCarty v. Kearnan

Citations

• 86 Ill. 291

Syllabus

<p>1. Sanity—presumed, and evidence to overcome the presumption must be clear. Sanity and intellectual capacity being tbe rule, with comparatively few exceptions, the presumption must prevail until rebutted, that all acts performed by adult persons are binding, and tbe evidence to overcome this presumption must be clear and satisfactory.</p> <p>2. Deed—by party under apprehension of death—-.when revocable, like a will. A deed made by a person supposed to be about to die, in consideration of services rendered by the grantee and as a recompense therefor, is not a donatio causa mortis, and revocable, like a will, but vests the title in the grantor irrevocably.</p> <p>3. A woman, being sick and apprehensive of death, sent for a justice of the peace to direct the authentication of a will prepared some years before, but not signed. Before signing the will she was reminded by one who had worked for her of his claim for services, and she recognized the claim, and said she intended to give him twenty acres of land and make him a deed for it, whether she lived or died. Thereupon she executed and delivered to him a deed, and then executed the will. She afterwards recovered, and, upon a bill filed by her to set aside the deed, it was held not to be a donatio causa mortis and revocable, like a will, but an absolute and irrevocable conveyance for a sufficient consideration.</p>