22 Wash. 111 | Wash. | 1900
The opinion of the court was delivered by
On tUe 19th day of March, 1898, eleven days before his death, William B. Bowen executed a deed for one hundred and twenty acres of land in Spokane county to the respondents for the expressed consideration of one dollar. This is an action by the heirs at law of said William B. Bowen to set aside and cancel the deed made by Bowen to the respondents Jones on the ground that at the time of making said deed he was mentally infirm, and incapable of fully understanding the nature and consequences of his act in making the deed, and that respondents, knowing the mental weakness and infirmity of the deceased, fraudulently and wrongfully induced and persuaded the deceased to make and execute said deed and that it was without consideration.
Upon the trial the court below found that, at the time of making and delivering said deed, William B. Bowen was possessed of a sound and disposing mind, and that the defendants did not procure the making and delivery of said deed by any undue influence, and that said deed was made and delivered upon good and valuable consideration. From such findings of fact the court concluded that the defendants were entitled to have judgment against appellants dismissing the complaint, and for costs and disbursements.
We have examined the testimony in this case in detail, and while there is some testimony showing that Bowen, who was a man eighty-one years of age at the time of the execution of the deed, was feeble in body, and somewhat
It is true that the testimony concerning this letter is conflicting, but with this, as with the other conflicting testimony, we are inclined to submit to the judgment of the trial judge. The law in relation to transactions of this kind is so well settled that there is no necessity to discuss it here. The only question is a question of fact, viz., whethey Bowen, at the time of the execution of the deed, possessed a sound and disposing mind. Considering the whole testimony, we are inclined to conclude that it was not affirmatively made to appear that he did not.
The judgment is affirmed.
Gordon, O. J., and Fullerton and Beavts, JJ., concur.