2 Del. Ch. 260 | New York Court of Chancery | 1861
At the hearing of this case, before argument, being satisfied that it was a casé proper for trial by a jury, I offered an issue to either party who might desire it, which, after consultation, was declined by both sides. I did so neither from a sense of difficulty in the case, nor of delicacy in deciding it, but of duty with reference to a case involving a mere question of fact, on which question I shall now express an opinion.
- Ho material difference was apparent in the argument, as to any question of law bearing on this question of fact, though there was some slight discrepancy in the mode of
Insanity is not presumed. Ordinarily, the proof of it rests on the party alleging it. This onus changes when the condition of the subject is changed, and the party is proved to have been insane. Then, the party setting up any act as binding must show that it was done in a lucid interval.
By insanity is not meant a total deprivation of reason, but only an inability, from defect of perception, memory and judgment, to do the act in question. So, by a lucid interval is not meant a perfect restoration to reason, but a restoration so far as to be able, beyond doubt, to comprehend and to do the act with such reason, memory and judgment as to make it a legal act. The defendant has to establish that in this case.
James Frazer was an insane person, at intervals, from the year 1830. He was generally insane, with intervals either of calmness or restoration, from that time till the beginning of 1854. He was insane, with intermissions but without restoration, after 1854 till his death in January, 1859. He was often raving; often in lunatic asylums ; generally, from 1851, in the Alms House, and constantly there from about the time of this transaction, though at that time for a few weeks he was out of the Alms House.
From the current of testimony, he was incapable of doing any business for many years before his death, and did not do any business with the single exception of the act in question and two others—the execution of a will and the making of an affidavit. The officer who took the
On the 5th of October, 1854, James Frazer—who, for many years, had been in the general condition of an insane person, usually confined to the Alms House, but sometimes supposed to go out during intervals of calmness or lucidity, in one of those intervals executed this deed, under circumstances that impressed the draftsman and witnesses with the idea of entire competency to dó the act with a proper mind. He gave the instructions,gave reasons which, if true, were good reasons for making an unequal division of his property, estimated values, stated his previous purpose to do the act, which is proved by Mr. Cooper, and behaved as a man doing a rational thing in a sensible way. Opposed to this is evidence of the previously existing and immediately following state of insanity, the want of proof aliunde of the reason he gave for advancing his son William, and the conflict of testimony in regard to his conduct and condition on the day and night of the execution of the deed.
The reasonableness of an act is evidence of the rationality of the actor. The fixedness of purpose to do it is further evidence of stability and, therefore, of rationality; but if the act is not shown to be reasonable it derives no strength from a continued purpose to do it. James Frazer’s repeated offers to convey his land to Joseph Hickerson, though proving a fixed purpose, did not prove rationality, any more than the reason he gave for it which was not a true reason. The assigned reason for making this deed was to equalize the distribution of his property, because of advances before made to his son Robert, of which there is no proof other than his own statement, and
This deed will have to find support, therefore, from extrinsic circumstances, as there is nothing in the transaction itself so much in accordance with reason and propriety as to induce the conclusion that it was the act of a man of competent capacity.
And, considering where the burden of this proof lies, I have no hesitation in saying that the deed is not supported by extrinsic evidence. On the contrary, the evidence of long continued and often violent insanity in the grantor, of his general incapacity to do any business, of the fact that he did not do any thing requiring the use of judgment for a long time prior to the execution of this deed,
Let a decree be entered declaring the deed void.