Burton's Admr. v. Burton
Supreme Court of Vermont
Appeal in Chancery, Rutland County. Heard at Chambers on February 28, 1908, on pleadings,_ master’s report and exceptions thereto. Hall, Chancellor. Decree for the orator. The defendant appealed. This is a bill in chancery to set aside a deed of land from the intestate to her son, the defendant, and the transfer to him of a savings bank deposit book, on the ground of mental incapacity and undue influence.
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Appeal in Chancery, Rutland County. Heard at Chambers on February 28, 1908, on pleadings,_ master’s report and exceptions thereto. Hall, Chancellor. Decree for the orator. The defendant appealed. This is a bill in chancery to set aside a deed of land from the intestate to her son, the defendant, and the transfer to him of a savings bank deposit book, on the ground of mental incapacity and undue influence. The intestate’s husband died in January, 1902, leaving to her his entire estate. In March, 1902, she made her will, whereby she gave George, the defendant, a farm worth $3,000, and $1,000 to…
1Opinion of the CourtRowell, C. J.
It may be that the law would presume undue influence in this case if the relation of parent and child had not existed, and the question is whether the existence of that relation makes any difference.
Transactions between parent and child may proceed upon arrangements between them for the settlement of property or of their rights in property in which they are interested. In such cases the law regards the transactions with favor, and does not minutely weigh the considerations on either side. Even ignorance of rights, if equal on both sides, may not avail to impeach the transaction. But it is…
2Cases cited11 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Towson v. MooreSupreme Court of the United States · 1899
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
- Jenkins v. PyeSupreme Court of the United States · 1838
- Dale's Appeal from ProbateSupreme Court of Connecticut · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Johnson v. JohnsonNorth Dakota Supreme Court · 1957
- Keeble v. UnderwoodSupreme Court of Alabama · 1915
- Lee v. LeeNorth Dakota Supreme Court · 1940
- In re Mason's WillSupreme Court of Vermont · 1909
5 more not listed; retrieve them via the Exa API.