Sands v. Sands

Citations

• 112 Ill. 225

Syllabus

<p>1. Witness—credibility—undutiful son, as against the mother. In a contest between an aged and infirm mother and her son, respecting her property, in which he sought to acquire her title to all the property she had, by taking advantage of her affection and confidence, and then deny her a support, and where the proof showed he had used opprobrious language towards her, it was held, that, from his selfish disposition and want of filial regard, the court could not place much confidence in the testimony of the son in a contest of such character.</p> <p>2. Mistake of law—when relieved against. Although the rule is, that a court of equity will not ordinarily relieve a party against a mistake as to the law, still, where such mistake is induced by a party taking advantage of it, and the relations are such that the party deceived is dependent upon the party deceiving, or is otherwise peculiarly under his influence, a court of equity will interfere, and protect against any advantage thus obtained.</p> <p>3. In this case, a favorite son, taking advantage of his mother’s affection, induced her to make a conveyance of all her estate to him, upon the assurance of the son that the deed was in the nature of a will, and would not take effect in her lifetime. The mother was, at the time, of the age of seventy-three years, and greatly weakened in body and mind from disease and sickness, so as to be incapable of transacting business, and the proof showed the deed was not intended by her to have effect before her death, but was handed to the son to be placed with her papers, and upon her recovery she destroyed the deed. It was held, that the trial court erred in decreeing that the mother execute another deed in place of the one she had destroyed, and in dismissing her cross-bill to have the conveyance made set aside.</p> <p>4. Setting aside deed procured by undue influence. Where a person enfeebled in mind by disease or old age, is so placed as to be likely to be subjected to the infl