Ford v. Hennessy
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. The evidence does not show any persuasion or undue influence, nor any circumstances of imposition or fraud on the part of the donee to induce the gift; but on the contrary clearly and sufficiently explains and rebuts any prima facie presumption of fraud, imposition or undue Influence arising from the .mere fact of the relation of spiritual adviser. In such cases the authorities sustain the gift.
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Appeal from St. Louis Court of Appeals. 1. The evidence does not show any persuasion or undue influence, nor any circumstances of imposition or fraud on the part of the donee to induce the gift; but on the contrary clearly and sufficiently explains and rebuts any prima facie presumption of fraud, imposition or undue Influence arising from the .mere fact of the relation of spiritual adviser. In such cases the authorities sustain the gift. Garvin v. Williams, 44 Mo. 465; Huguenin v. Baseley, 14 Ves. 273; Archer v. Hudson, 7 Beav. 551; Hunter v. Atkins, 3 Myl. & K. 113, Brown v. Bulkley, 1…
1Opinion of the Court
Napton, J. —
This was a bill in equity, brought by tho wife of Patrick Ford, and his son, to recover a sum. of money which Patrick Ford gave to Hennessy a few days before his death, and which was by Hennessy, under directions of Archbishop Kenrick, paid over to the Convent of the Good Shepherd . Hennessy and Archbishop Ken-rick, and the Convent, and McGee, administrator of Ford, are made parties defendant. There seems to bo no dispute that the plaintiffs are the wife and son of Patrick Ford. A few days before his death, Patrick Ford gave to Father Hennessy a cheek for $4,243.65 on the Buchanan…
2Cases cited3 opinions
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Ranken v. PattonSupreme Court of Missouri · 1877
- Yosti v. LaughranSupreme Court of Missouri · 1872
3Cited by15 opinions
- Ross v. ConwayCalifornia Supreme Court · 1892
- Odom v. LangstonSupreme Court of Missouri · 1943
- Ewing v. WilsonIndiana Supreme Court · 1892
- President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
- Ramsey v. OgdenOregon Supreme Court · 1893
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