Prendiville v. Prendiville
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion Thomas G. Mannings, Judge. (1) It being shown by the evidence that the defendant to whom the deed sought to be set aside was made was the manager of her mother’s property and occupied a fiduciary relation with her mother, the burden was on the defendants “to show that absolute fairness, adequacy and equity characterized the transaction. ” 2 Pomeroy, Equity, secs. 955, 956; Kincer v. Kincer, 246 Mo. 427; Byrne v. Byrne, 250 Mo.…
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Appeal from St. Louis City Circuit Court. — lion Thomas G. Mannings, Judge. (1) It being shown by the evidence that the defendant to whom the deed sought to be set aside was made was the manager of her mother’s property and occupied a fiduciary relation with her mother, the burden was on the defendants “to show that absolute fairness, adequacy and equity characterized the transaction. ” 2 Pomeroy, Equity, secs. 955, 956; Kincer v. Kincer, 246 Mo. 427; Byrne v. Byrne, 250 Mo. 632; Martin v. Baker, 135 Mo. 495; Street v. Goss, 62 Mo. 228; Mowry v. Norman, 204 Mo. 175; Bradford v. Blossom, 207…
1Opinion of the CourtWilliams, P. J.
This is a suit in equity instituted by plaintiff against his three sisters, to set aside a deed made by their mother to the defendant, Adele Prendiville.
In the petition plaintiff alleges that the deed was the result of undue influence, and that at the time the deed was executed the grantor therein did not have sufficient mental capacity to comprehend the nature of her act. The answers deny that the deed was the result of undue influence or that the grantor therein was without sufficient mental capacity to make the deed, and then sets up a plea of estoppel, which in substance alleges that the…
2Cases cited3 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Grumley v. WebbSupreme Court of Missouri · 1871
- Rosenberger v. JonesSupreme Court of Missouri · 1893
3Cited by2 opinions
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
- Haid v. PrendivilleSupreme Court of Missouri · 1922