Wiley v. Ewalt

Citations

• 66 Ill. 26

Syllabus

<p>1. Sufficiency of pboof to set aside deed, on, ground of undue influence. On bill to set aside a deed made by an aged person, in the nature of a testamentary disposition, on the ground of undue influence and want of sufficient mental capacity, the proof failed to show that any one made any suggestions to the grantor as to what disposition should be made of the property, or that he did not, of his own volition, select the persons who should be the recipients of his bounty, and the several persons charged with having influenced his action denied, under oath, that they ever advised him to make such disposition of his property, and this was not overcome by any evidence in the record: Held, that the charge of undue influence was not sustained by the proof.</p> <p>2. Mental capacity to make a disposition of property. Where a deed, made by a party in the nature of a testamentary disposition, giving the bulk of his remaining property to his four daughters after his death, was sought to be set aside by a portion of his heirs, on the ground that his mind had become impaired by reason of his advanced age and by the use of intoxicating liquors, it appeared, from the evidence, that the deed was made at the age of seventy-six years, just on the eve of his second marriage, and that at that time his memory only was somewhat impaired, but that he still possessed a sound, practical judgment in business matters; and it further appeared that he had exhibited judgment in making the disposition of his property, by reserving to himself the absolute control of the same during his life, and that he had previously given his other children property, while the four daughters had got but little, so that the disposition was not very unequal; and it further appeared that he was then a vigorous man for his age, and that the disposition was not made from any sudden impulse, but in pursuance of a purpose formed to that effect many years before: Held, that the facts would not justify a decree sett