Gilmore v. Burch
Oregon Supreme Court
Appeal from Yamhill County. The facts are stated in the opinion. Undue influence, to avoid a deed or a will, must be of such a nature as to deprive the grantor, or testator, of free agency and render his act obviously more the offspring of the will of others than his own. If it was obtained by honest means, by acts of kindness, attention and persuasion, even if there had been no consideration, it could not be set aside.
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Appeal from Yamhill County. The facts are stated in the opinion. Undue influence, to avoid a deed or a will, must be of such a nature as to deprive the grantor, or testator, of free agency and render his act obviously more the offspring of the will of others than his own. If it was obtained by honest means, by acts of kindness, attention and persuasion, even if there had been no consideration, it could not be set aside. There must be affirmative evidence of facts from which such influence is to be inferred. It is not sufficient to show that the party benefited had the motive and opportunity…
1Opinion of the Court
By the Court,
Boise, J.:
This is a suit in equity brought by the respondent to have annulled a deed made by her mother, Mary A. Monroe, to the appellant on the twenty-third day of January, 1877, for a tract of land in Yamhill county, for alleged fraud and undue influence in obtaining it.
The amended complaint alleges, in substance, that on the twenty-third day of January, Mary A. Monroe, the mother of the plaintiff, was seised as owner in fee-simple of the lands described; that on said date, and for a long time prior thereto, she was very infirm and diseased in mind and body, and was wholly…
2Cited by16 opinions
- United States v. RosenthalU.S. Circuit Court for the District of Southern New York · 1903
- Egr v. EgrOregon Supreme Court · 1942
- Monese v. StruveOregon Supreme Court · 1936
- United States National Bank v. GuissOregon Supreme Court · 1958
- Legler v. LeglerOregon Supreme Court · 1949
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