Jones v. Travers
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The burden was on the appellees to prove their allegations. 6 Oye. 334-5, 367. Executed contracts are not cancelled except where the proof is clear and convincing, and never for fraud unless fraud is clearly shown. Ib.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The burden was on the appellees to prove their allegations. 6 Oye. 334-5, 367. Executed contracts are not cancelled except where the proof is clear and convincing, and never for fraud unless fraud is clearly shown. Ib. Old age, failing health and loss of memory, etc., are not alone sufficient to prove incapacity to make a will. 1 Bedfield on Wills 249. Whoever alleges mental incapacity must prove it. 25 N. Y. (11 Smith) 9. Undue influence must be proved; it is never inferred from the relationship of the parties. 7 Jones Law,…
1Opinion of the Court
McCulloch, O. J.
Elizabeth Stewart, a childless widow, died in Arkansas County, in this State, where she resided, on January 4, 1913, and this is an action instituted by her collateral heirs in the chancery court of that county to set aside a deed executed by her to the defendant, Jones, a short time before her death.
Mrs. Stewart was 72 years of age at the time of her death and had resided in Illinois all of her life until about three years before her death, when she purchased the lands in controversy, which are situated in Arkansas County, and removed to that locality to reside. She owned…
2Cases cited1 opinion
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
3Cited by6 opinions
- Pledger v. BirkheadSupreme Court of Arkansas · 1923
- Etchen v. the Texas Co.Supreme Court of Oklahoma · 1921
- Nelson v. MurraySupreme Court of Arkansas · 1920
- Wilson v. WilsonSupreme Court of Arkansas · 1947
- Thiel v. MobleySupreme Court of Arkansas · 1954
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