Davren v. White
New Jersey Court of Chancery
In a case where incapacity is alleged, but no fraud is charged, the test is, Did the person whose act is brought in judgment possess sufficient ability, at the time he did the act, to understand, in a reasonable manner, the nature and effect of his act ? If he did, his act is valid. On final hearing on bill and answer and proofs taken in open court.
1Opinion of the Court
YaN Fleet, V. C.
The complainant seeks a decree nullifying a deed made by her mother to her sister. Two'grounds are alleged: undue influence, and incapacity. The mother, Catharine Mclnerney, had had four children — three daughters and one son. The son died in the lifetime of his mother, leaving three children. The mother purchased a lot in the city of Paterson, with a small house on it, in April, 1869, at a cost of $1,400. She paid $1,100 in cash, and assumed the payment of a mortgage of $300. She subsequently paid the mortgage. She and her daughter, Anna White, the defendant in this case,…
2Cited by5 opinions
- Turner v. ColeNew Jersey Court of Chancery · 1934
- Matter of Estate of HeadNew Mexico Court of Appeals · 1980
- Hayward v. Passaic Natl. Bank Trust Co.New Jersey Court of Chancery · 1936
- Leick v. PozniakNew Jersey Court of Chancery · 1944
- Wolf v. Palisades Trust Guaranty Co.New Jersey Court of Chancery · 1937