Forbes v. Ring

[727]

PRESTON, J.

The question here i~ whether the evidence sufficiently supports the findings and whether the findings support the judgment.

The cause involves a controversy between half-sisters over a purported division of property made to them by their mother during her last illness and it follows the general trend of a family quarrel with contradictory testimony given by the opposing parties.

Plaintiff seeks the cancellation of a deed made by the mother conveying certain real property to defendant and in her complaint she alleged that at the time said deed was executed the mother was over seventy years of age, ill, infirm, of such unsound mind as to be wholly incapable of transacting business and had for two days prior thereto been in a state of coma from which she never regained consciousness ; that defendant, who lived with the mother until her death, well knew her condition, but, with the intention of cheating and defrauding plaintiff out of her share in said property and, taking advantage of the close and intimate relation with her mother, procured her to execute and deliver said deed without knowledge of plaintiff and immediately placed it of record.

The cause was heard by the court sitting without a jury. It found that the mother had expressed her wish to the daughters that her property be divided, but that she gave no instructions as to how or in what manner the division was to be accomplished; that defendant, without conferring with plaintiff, and leaving plaintiff in ignorance of her action, caused said deed to be drawn and executed; that defendant took advantage of her close and intimate relation with her mother to deceive the mother into the belief that defendant and plaintiff had agreed upon execution of the conveyance; that the entire matter of procuring it was done clandestinely by defendant and with the intent on her part to cheat and defraud plaintiff out of her share of said property. Judgment followed for plaintiff. Defendant appealed upon the grounds first hereinabove mentioned.

The evidence shows that the relationship between these half-sisters had long been inharmonious; that defendant was closer to and more intimate with the mother, having lived at her home for many years while plaintiff resided in a