Bryan v. Bryan

Eish, 0. J.

To a proceeding to foreclose a mortgage on realty against the executor of the will of the mortgagor, the defenses set up were: (a) that the note which the mortgage was given to secure was without consideration; (6) that the testatrix, at the time she executed the note and mortgage, had, on account of disease and senility, little or no will power; (c) “that her imbecility of mind was such as to render her practically insane, and that the plaintiff . . abused her confidence in securing her signature to the contract;” and (cl) that she, the testatrix, was under the influence of the…