Swanstrom v. Day
New York Supreme Court
Suit by the committee of the estate of an incompetent to set aside a conveyance without consideration of real estate by such incompetent to his son, the defendant Frederick 0. Day, before the institution of the incompetency proceedings, on the ground that it was obtained by fraud and undue influence; and also to set aside a mortgage given by the said grantee to the other defendant since such proceedings and the appointment of the committee therein.
1Opinion of the Court
Gaynor, J.:
The ward of the committee, an old man of eighty-two, while sick and feeble of body, confined to his house and bed, and enfeebled of mind, made the conveyance in question of a plot of real estate of the value of about $40,000 to his defendant son for a nominal consideration. He had other children.
The son was at the time, and had been for some weeks, living with, taking personal care of and in sole charge of him. This put upon the son the burden of proof that he did not take advantage of the weakness of his father, but that the conveyance was his free act (Ferris v. Ferris, 22 Misc.…
2Cases cited8 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Phelan v. . BradyNew York Court of Appeals · 1890
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- Mygatt v. . CoeNew York Court of Appeals · 1895
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3Cited by4 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Ennor v. HinschSupreme Court of Iowa · 1935
- Huber v. Danning (In Re Thomas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Waldorff Ins. & Bonding v. Eglin Nat. BankDistrict Court of Appeal of Florida · 1984