Rider v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the June term, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the June term, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, as one of the heirs-at-law of Amasa B. Miller, deceased, to set aside a deed executed by him to defendant, bearing date February 23, 1870, on the ground of fraud and undue influence, and that the grantor was at the time non combos mentis. The grantor died intestate in September, 1872. The deed…
1Opinion of the CourtMiller, J.
There was certainly strong evidence upon the trial of this ease to show that the deed executed by the grantor to the defendant was not his free act and deed. He was at the time over seventy years of age, and the evidence clearly establishes that from a vigorous and strong man he had -become weak and feeble physically y that his mind was impaired so that he was unable to attend entirely to his own business affairs, and that he required the assistance of others in matters of importance. His memory was failing, and on many occasions, as the proof showed, he was unable to properly care for his…
2Cases cited1 opinion
- Brick v. . BrickNew York Court of Appeals · 1876
3Cited by9 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Waddy v. GrimesSupreme Court of Virginia · 1930
- Jones v. SchaffnerSupreme Court of Iowa · 1920
- Kenyon v. KenyonNew York Supreme Court · 1895
- In re Proving the Last Will & Testament of PrenticeNew York Surrogate's Court · 1920
4 more not listed; retrieve them via the Exa API.