Akin v. Evans, Exec.

The chancellor set aside a deed from an elderly mother to an adult son in a case brought after the son had died, and heard and decided after the mother and the lawyer who had prepared the deed had also died.

The chancellor based his action on a confidential relationship between the mother and the son in which “his words of persuasion would be likely to have undue influence upon his mother,” and on the finding of mental incapacity of the mother at the time of the execution of the deed, and determined that the defense of laches was inapplicable, first primarily, on the erroneous ground that suit…