Legal Opinion

Parker v. Hill

Supreme Court of Arkansas

Decided January 6, 1908PublishedCited by 8 opinions

Appeal from Woodruff Chancery Court; Edward D. Robertson, Chancellor; The deed to Hill should be cancelled for fraud, duress and undue influence; also for undue influence and abuse of confidence by one occupying a confidential relation. 1. Mrs. Locke was induced to sign by duress as defined in the modern and latest authorities. 14 Cyc. 1123-4; 47 L. R. A. 417; 11 Ala. 456; 29 Ark. 150, 158; 26 N. Y. 12; 95 Wis. 257; 64 S. W. 329; 42 Neb. 23; 17 Id. 388; 49 Mich. 290; 19 ¡S.…

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Appeal from Woodruff Chancery Court; Edward D. Robertson, Chancellor; The deed to Hill should be cancelled for fraud, duress and undue influence; also for undue influence and abuse of confidence by one occupying a confidential relation. 1. Mrs. Locke was induced to sign by duress as defined in the modern and latest authorities. 14 Cyc. 1123-4; 47 L. R. A. 417; 11 Ala. 456; 29 Ark. 150, 158; 26 N. Y. 12; 95 Wis. 257; 64 S. W. 329; 42 Neb. 23; 17 Id. 388; 49 Mich. 290; 19 ¡S. W. 932; 73 N. Y. 498; 32 Mich. 146; 59 L. R. A. 296. 2. The deed was procured by undue influence, fraud and intimidation…

1Opinion of the CourtHire, C. J.

T. T. Locke died in October, 1902. He left Mary E. Locke, his widow. She was his second wife, and there were no children born of their marriage. They had lived together for 26 years, and evidently were an affectionate couple. Mrs. Hill, wife of the appellee, was the daughter of Mr. Locke by his first marriage, and his only child.

Mr. Locke left a will leaving all of his property to his wife, and $10 to his daughter. This will was made some three years before his death, and was duly attested; and after his death ;was duly probated, in November, 1902.

Mrs. Locke made a will in April, 1903, which…

2Cases cited1 opinion

  1. Million v. TaylorSupreme Court of Arkansas · 1882

3Cited by8 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Caldcleugh v. CaldcleughSupreme Court of Arkansas · 1923
  3. In Re Estate of MorrisCourt of Appeals of Arizona · 1971
  4. Summers v. OrtWest Virginia Supreme Court · 1932
  5. McPherson v. McKay, Admr.Supreme Court of Arkansas · 1944

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