Nicholson v. Duff
Missouri Court of Appeals
Appeal from G-reene Connty Circnit Court. — Hon. Arch A. Johnson, Judge. (1) There is no presumption against a voluntary conveyance from parent to child. The burden properly rested upon the plaintiff to prove the exercise of some undue influence by defendant over plaintiff by which the gift was secured.
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Appeal from G-reene Connty Circnit Court. — Hon. Arch A. Johnson, Judge. (1) There is no presumption against a voluntary conveyance from parent to child. The burden properly rested upon the plaintiff to prove the exercise of some undue influence by defendant over plaintiff by which the gift was secured. Doherty v. Noble, 138 Mo. 25; McKinney v. Hensley, 74 Mo. 326, 332; Hatcher v. Hatcher, 139 Mo. 614, 624; Bkmsal v. Randal, 192 Mo. 525, 532; McKissock v. Groom, 148' Mo. 459, 467; Campbell v. Carlisle, 162 Mo. 634; Jones v. Thomas, 218 Mo. 508: (2) Mrs. Galbraith was only required to possess…
1Opinion of the CourtRobertson, P. J.
On February 14, 1913, the plaintiff, as administrator of the estate of Francina Galbraith, deceased, brought this action against the defendant, daughter of said deceased, to cancel an assignment of a note for $3000 to the defendant. The said Francina Galbraith died February 4, 1913, at the age of seventy-five years. The assignment of the note was made August 30, 1912 and it is alleged “that on said date the said Francina Galbraith was residing with the defendant and was of unsound mind and incapable of attending to any ordinary business matter and was subject to the control and domination of…
2Cases cited8 opinions
- Byrne v. FulkersonSupreme Court of Missouri · 1914
- Jones v. ThomasSupreme Court of Missouri · 1909
- Southworth v. SouthworthSupreme Court of Missouri · 1903
- Troll v. SpencerSupreme Court of Missouri · 1911
- Bensberg v. Washington UniversitySupreme Court of Missouri · 1913
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3Cited by3 opinions
- Flynn v. Union National Bank of SpringfieldMissouri Court of Appeals · 1964
- Hershey v. HortonSupreme Court of Missouri · 1929
- Rowe v. FreemanOregon Supreme Court · 1918