Post v. Hagan
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Stevenson, who filed the following conclusions: My conclusion is that the bill of complaint should be dismissed. 1. There are facts proved in this case which taken by themselves cast the burden upon the defendant Mrs. Hagan of showing that the deeds which she received from her mother are untainted by fraud of any kind.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Stevenson, who filed the following conclusions: My conclusion is that the bill of complaint should be dismissed. 1. There are facts proved in this case which taken by themselves cast the burden upon the defendant Mrs. Hagan of showing that the deeds which she received from her mother are untainted by fraud of any kind. Mrs. Telfer, the grantor, was sixty-three years of age at the time of her death, on June 16th, 1899. The deeds were executed June 9th, 1899, and conveyed practically all the grantor's estate. The…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
To the facts found, and found correctly, as we think, by the learned vice-chancellor, he applied the rule as to undue influence laid down, in Haydock v. Haydock’s Executors, 34 N. J. Eq. (7 Stew.) 570, whereas in our opinion he should have applied the rule as to independent advice laid down in this court in Slack v. Rees, 66 N. J. Eq. (21 Dick.) 477.
Both cases were decided by this court, and the essential difference between them is that the rule of Slack v. Bees has specific application to cases in which the gift if valid has the effect of…
2Cited by56 opinions
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- Turner v. LeathersTennessee Supreme Court · 1950
- Ham v. HamMississippi Supreme Court · 1926
- Merritt v. EasterlySupreme Court of Iowa · 1939
- In Re FulperNew Jersey Superior Court Appellate Division · 1926
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