Kelly v. Kelly

This action is brought to set aside deeds of gift covering five tracts of land and a $2,500 mortgage, which were made by Ann Kelly, now deceased, to her daughter, Isabella, the defendant herein. The reasons assigned for their avoidance are: improvidence, undue influence, lack of competent and independent advice, and the existence of a confidential relationship between the donor and the donee.

The evidence before me discloses that the donor died on September 17th, 1929, at the age of about seventy-nine years, leaving her surviving, Annie M. Harlin, Patrick Kelly and Henry Kelly (complainants…