Oliphant v. Liversidge

Citations

• 142 Ill. 160
• 30 N.E. 334

Syllabus

<p>1. Deed — good consideration. Natural love and affection are a good , consideration for a deed from a father to his children.</p> <p>2. Gift — between parent and child — presumption as to fraud. In the case of a gift from a child to a parent, undue influence may be inferred from the relation itself, but never when the gift is from the parent to the child.</p> <p>3. Same — reasonableness, as affecting question of undue influence. In determining the question of undue influence, a broad distinction is to be taken between a disposition by the donor which takes from him his whole estate and leaves him destitute, and one which provides for him during his life and disposes of his property in a rational mode at his death. ,</p> <p>4. Acknowledgment — impeaching certificate of acknowledgment. In the absence of any allegation or proof of any fraud on the part of the officer taking the acknowledgment of a deed, or of any fraudulent collusion between him and any interested party, the certificate as to the statements made in it must prevail over the unsupported evidence of the grantor in the deed.</p> <p>5. Evidence — of parly’s own statements, in absence of other party. A party will not be allowed to make evidence by proving his own declarations in his own favor, uttered in the absence of those whose interests are sought to be affected, where they are not a part of the res gestee.</p> <p>6. On the hearing of a bill filed by a party to set aside a deed made by him to his children, the court allowed him to testify to conversations which he had with a real estate agent, his adviser, in the absence of either or any of the defendants, some of which occurred before the making of the deed and some after. He was also permitted to testify to conversations with his own lawyer in the absence of the defendants, The real estate agent was also allowed to testify to conversations which he had with complainant and his lawyer when none of the defendants were present: Held, that all of this t