Page v. Garver

CHIPMAN, C.

The complaint alleges: That plaintiff is the widow of Samuel Page, deceased, who died intestate on

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the twenty-fourth day of June, 1899, leaving him surviving his said widow, an unborn child, then

in esse,

who was thereafter, on October 28, 1899, born alive, but died the same day, and three sons, Elias, Henry, Solomon, and one daughter (defendant) by a former wife, who were and are the only heirs of said Samuel; that at his death the said Samuel “was seized in fee simple absolutely, possessed and entitled to the possession of and was the owner of a large amount of real property” (describing it); that on or about December 9, 1896, “with intent thereby to cheat and defraud the said Samuel Page and any other heirs and legal representatives than themselves that he might leave at his death out of the property above described and out of any property of which he might die seized and possessed and while the said Samuel Page, now deceased, was in a sick, weak; and exhausted condition and while he was by said sickness wholly incapacitated to do any business whatsoever through great physical weakness and unsoundness of mind and memory . . . the defendant and Solomon C. Page conspiring wickedly,” etc.—then follow allegations with great particularity to the effect that by fraudulent and false representations and through their undue influence over him (fully set out) these two children of Samuel induced him to convey the land in question to defendant, and other of his property to Solomon not here involved. The complaint also alleges that as the widow of said Samuel and the mother of the said infant, Winifred, plaintiff is owner, by succession as such widow, and as the sole heir of the said Winifred, of seven fifteenths of said property, -and entitled to the possession thereof; that plaintiff became acquainted with the said Samuel about January 27, 1899, prior to which time she knew nothing whatever of the fraud and deceit perpetrated on the said Samuel by the said defendant and the said Solomon, through their undue influence over him; that defendant has collected and appropriated to her own use the rents and profits of said land since said December 9, 1896. The complaint was filed July 17, 1901. Judgment is prayed for the cancellation of said conveyance of said land; for an accounting of the rents and profits; that defendant holds the title to said.seven fifteenths of said land and said rents in trust for plaintiff, “and for all other legal and equitable relief.”