Willis v. Baker

Citations

• 75 Ohio St. (N.S.) 291

Syllabus

<p>Action by wife — To declare void a conveyance on ground of undue influence — Burden of proof on the plaintiff — Conveyance of lands by wife to husband — Will of husband in favor of devisees — Husband retains possession during life — Death of testator — Subsequent devise of lands by wife — Law of wills —Evidence.</p> <p>1. In an action by a wife, or a guardian in her behalf, to have declared null and void a conveyance of her lands on the ground that she was induced to make such conveyance by undue influence, or on the ground that she was not conscious of her act in executing the same, and it appears from its face that it was duly executed and acknowledged in the manner and form prescribed by the statute, the burden is upon the plaintiff to establish one of said grounds by clear and convincing proof, and a mere preponderance of the evidence in its favor is not sufficient.</p> <p>2. On the trial of said action, it appeared from the evidence, that in December, 1900, the wife owned fifty acres of land and that her husband owned ten acres immediately adjoining; that they were of advanced years and childless; were in ill health, and 'had been considering and contemplating a testamentary disposition of their lands to certain nephews and nieces, and a foster daughter, and for that purpose secured the advice and services of a justice of the peace, who informed them that to carry out their plan, it was necessary for the wife to convey her lands to the husband in order that he might dispose of all the lands by his will, and such deed was drafted by the justice, and she was assisted in signing her name thereto, which deed was duly witnessed, and a certificate of acknowledgment made thereon by the justice in conformity to the statute. Thereupon, as a part of the same transaction, the will of the husband was prepared, by the terms of which he devised all the lands to said nephews and nieces and foster daughter, and this will was executed according to the forms of law, and each