Sawyer v. White

Citations

• 122 F. 223
• 58 C.C.A. 587
• 1903 U.S. App. LEXIS 4753

Syllabus

<p>1. Conveyance—Mental Capacity of Grantor to Make.</p> <p>In determining the competency of a grantor to execute a deed, the question is not whether or not his mental powers were impaired, or whether or not he had ordinary capacity to do business when he executed it, but whether or not he had any—the smallest—capacity to understand what he was doing, and to decide intelligently whether or not he desired to do it.</p> <p>2. Gift from Parent to Child—Fiduciary Relation.</p> <p>The existence of a fiduciary relation between a parent and his child is not necessarily fatal to a deed or gift from the former to the latter, because such a deed or gift is natural and reasonable, and is sustained by the presumption that it was inspired by parental affection and devotion. This presumption overcomes the ordinary presumption that an unnatural or unreasonable gift procured through a fiduciary relation is voidable.</p> <p>8. Deed—Undue Influence.</p> <p>The undue influence which will avoid a deed is an unlawful or fraudulent influence which controls the will of the grantor. The affection, confidence, and gratitude of a parent to a child, which inspires a deed or gift, is a natural and lawful influence, and will not render it voidable, unless this influence has been so used as to confuse the judgment and control the will of the donor.</p> <p>A Same—Fiduciary Relation—Facts.</p> <p>A father 88 years of age, who had been a paralytic for 15 years, and so feeble that he had required constant attendance and assistance, had intrusted his business to his son, who had managed it for him and had supplied his wants with rare assiduity and kindness. The father had perfect confidence in this son, and was grateful to him for his kindness. For many years he had intended to give his property to him at his decease. His mind was impaired, his powers of speech and locomotion, were very limited, but he knew what he was doing; and he intentionally conveyed land worth $20,000 to this son without any ac