Peterson v. Lindquist
North Dakota Supreme Court
Appeal from the District Court of Mountrail County, Honorable Frank Fisk, Judge. Plaintiff appeals. Where a son obtains the transfer of property to him, by his mother, who, at the time is sick and in an enfeebled condition mentally and physically, it is well settled that transactions of such a character will be most carefully scrutinized by a court of equity, and unless it is clear that such transaction is fair and free from undue influence, it will be set aside.
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Appeal from the District Court of Mountrail County, Honorable Frank Fisk, Judge. Plaintiff appeals. Where a son obtains the transfer of property to him, by his mother, who, at the time is sick and in an enfeebled condition mentally and physically, it is well settled that transactions of such a character will be most carefully scrutinized by a court of equity, and unless it is clear that such transaction is fair and free from undue influence, it will be set aside. Massey v. Rae, 18 N. D. 409; Gibson v. Hannag (Neb.) 88 N. W. 500; Davis v. Dean (Wis.) 26 N. W. 737. Testimony to the effect that…
1Opinion of the CourtRobinson, J.
The plaintiff brings suit as administrator of Stina Lindquist to set aside an alleged transfer to defendant of promissory notes and a mortgage for $2,000 and interest. The transfer, if made at all, was made by the deceased during her last sickness and about a month prior to her death:
a. It was made without any consideration only an alleged oral contract to care for his mother during her life and to pay her funeral expenses.
b. It was obtained by fraud and undue influence, and when the mother was feeble-minded and incompetent and helpless, and in the power of the defendant.
c. There was in fact…
2Cited by1 opinion
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