Yoakum v. Yoakum

Citations

• 77 Ill. 85

Syllabus

<p>1. Mental capacity to contract—reasonableness of the contract may be considered on the question. On the question, whether a partyr has the mental capacity to contract, where undue influence is alleged in procuring the same, it seems that the reasonableness of the contract made maybe considered. :</p> <p>2. Evidence—when a clear preponderance is required. Where a father, 'of great age, as well as ignorant and infirm, conveyed his real estate to his sons, in consideration he should have a lease of them for life for the support of himself and wife, and one of the sons took him to an attorney, who, at the instance of the son, altered the deed by inserting a provision that the grantees should furnish the father a support during life, it was held, that the change was so manifestly against the interest of the father, that a court of equity would not act upon the assumption that it was made by the father’s deliberate consent, unless the proof to that effect was entirely clear and convincing.</p> <p>3. Chancery—enforcing performance of condition upon which a conveyance is made. Where a father made a conveyance of all his lands to his five sons, upon the consideration that lie was to have the use and control of the same during life, for his support and maintenance, and that the sons should pay their sister §1000 as her share of the estate, and the sons took possession of the land, and refused to give their father a life lease of the same, it was held, that a court of equity would enforce the contract as made, and compel the sons to surrender possession to their father, and pay him for the rents and profits, less the taxes, and money expended for necessary repairs, and to execute a lease of the same to the father for life, and declare the claim of the sister a lien on the land, payable at the father’s death.</p>