Pressley v. Kemp

Citations

• 16 S.C. 334
• 1882 S.C. LEXIS 2

Syllabus

<p>1. The question at issue is an equity ease, being the validity of a deed, alleged not to he genuine, or, if executed, to have been obtained by fraud and undue influence, certain issues of fact were submitted to a jury, whose findings, adverse to the executor of the grantor, were approved and adopted by the Circuit judge. These findings not being opposed-to the weight of the testimony, held, that this court must affirm them.</p> <p>2. A maiden lady, aged, deaf and feeble, a short time before her death executed a deed conveying a considerable portion of her property to a young man in whose family sh e had resided for two years, and between whom and herself a strong attachment had arisen. The deed was prepared by an attorney under her directions, given in the presence of the donee, and was executed by her after reading it over, and with knowledge of what she was doing. Held, That no coercion of the donor’s will appearing, there was nothing in the relationship between the parties to raise the presumption of undue influence, or to avoid the deed for constructive fraud.</p>