Payne v. Payne
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. J. K Welch, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
It is claimed that the finding of the trial court to the effect that the deed made by plaintiff was procured by undue influence, and executed while plaintiff was weak, feeble and mentally incompetent, is not supported by the evidence.
We have carefully examined the evidence in the record, and in our opinion it is sufficient to support the finding.
The plaintiff was over seventy-nine years of age at the time she made the deed to the defendant, and very feeble, being confined to her bed most of the time. The defendant was the daughter in law, of whom she was very fond, being the widow of her…
2Cited by16 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Brown v. Canadian Indus. Alcohol Co.California Supreme Court · 1930
- Piercy v. PiercyCalifornia Court of Appeal · 1912
- McNabb v. BrewsterIdaho Supreme Court · 1954
- Laherty v. ConnellCalifornia Court of Appeal · 1944
11 more not listed; retrieve them via the Exa API.