Doyle v. Welch
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wauke-sha county: M. S. Geiswold, Judge. This is an action in equity to set aside a deed on the ground of mental incompetency and undue influence. The deed was made by one Edward Doyle, Sr., in favor of his daughter, the defendant Annie Welch, and covered a farm of eighty acres in Waukesha county, which comprised his entire estate.
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Appeal from a judgment of the county court of Wauke-sha county: M. S. Geiswold, Judge. This is an action in equity to set aside a deed on the ground of mental incompetency and undue influence. The deed was made by one Edward Doyle, Sr., in favor of his daughter, the defendant Annie Welch, and covered a farm of eighty acres in Waukesha county, which comprised his entire estate. The plaintiffs are his grandchildren, being three of the minor children of a deceased son of the grantor, also named Edward. The defendant Ellen Doyle is also a minor child of Edward Doyle, Jr., who refused to be joined…
1Opinion of the CourtWinslow, J.
The salutary rule that, where a voluntary conveyance is made by an aged person of his entire property, without consideration, to one who stands in a position of trust and confidence to him, under circumstances of se-*28erecy, tbe burden of proof is upon tbe grantee to show that tbe conveyance was untainted with undue influence or fraud, bas been frequently laid down by tbis court. Davis v. Dean, 66 Wis. 100; Cole v. Getzinger, 96 Wis. 559. Tbe county judge rightly concluded that tbis was sucb a case, and, being sucb a case, that tbe evidence was not sufficient to overcome tbe presumption of…
2Cases cited2 opinions
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
3Cited by14 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Patterson v. JensenWisconsin Supreme Court · 1944
- Small v. ChampenyWisconsin Supreme Court · 1899
- Bartlett v. CollinsWisconsin Supreme Court · 1901
- Consaul v. LoenneckerWisconsin Supreme Court · 1901
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