Simmons v. Kelsey

Ames, C.

The plaintiff, a woman nearly 80 years old, entered into a written agreement with the defendants, her heirs at law, for the immediate distribution of her estate among them. There was no consideration moving to her, and she was admittedly lacking in full contractual capacity, and there is evidence that she yielded to united and persistent importunity by the heirs. All parties are agreed that for one reason or another the agreement was and is ivholly void, but it has been in large part carried into execution. The object of this action is to procure its cancelation, in so far as it…