Stewart v. Flint
Supreme Court of Vermont
Bill IN Ci-iaNCEry. Heard on the pleadings and a special master’s report, February Term, 1886, Orleans County, Ross, Chancellor. Decree that the defendants reconvey the premises to the orator. The bill was brought to have set aside a deed executed by the plaintiff’s intestate, Mrs. Emily Clark, to the defendant wife. When the suit was commenced, the plaintiff was guardian of Mrs. Clark, who has since deceased.
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Bill IN Ci-iaNCEry. Heard on the pleadings and a special master’s report, February Term, 1886, Orleans County, Ross, Chancellor. Decree that the defendants reconvey the premises to the orator. The bill was brought to have set aside a deed executed by the plaintiff’s intestate, Mrs. Emily Clark, to the defendant wife. When the suit was commenced, the plaintiff was guardian of Mrs. Clark, who has since deceased. The bill alleged the incapacity of Mrs. Clark, and that the defendants procured the deed to be executed by taking advantage of her insane condition, relationship, etc. The master found…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The deed in question was given on June 14, 1882, and it appears — among other things — that from about 1877 or 1878, the intestate had had spells of pain in her head— probably due to a gradual softening of the brain — when she •was partially, and sometimes wholly, incapacitated from apprehending or doing any business; and at her best she was not intellectually what she used to be, but was gradually failing and losing her intellectual power. The master does not find that she was having one of her ‘ ‘ bad spells ” the day the deed was executed,…
2Cases cited1 opinion
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