75 Iowa 132 | Iowa | 1888
— The defendants are husband and wife. The plaintiff is the father of the defendant John Marshall, Jr., and was seventy-five years old on the tenth day of January, 1886. About the twenty-seventh day of August, 1885, his wife died, and on the tenth day of the next month he executed the instrument in controversy. It conveyed to his son ninety-five acres of land, and a wagon and farm machinery. The value of all this property was about three thousand dollars, and the consideration for it named in the conveyance was an agreement on the part of the grantee to pay to the grantor one hundred dollars per year during his lifetime, and to “keep and support grantor, in addition to above sum, during his natural life, in a good and comfortable manner, giving him good food and shelter, and a good room in the new house.” Also to “support and keep, during her natural life, one Anna Maria Ulrich, in a good and comfortable manner.” Also to pay the sum of three hundred dollars to the daughters of the grantor, within two years after his death. After this instrument was executed the plaintiff and Mrs. Ulrich made their home with defendants until the. latter part of December, 1885, when the plaintiff left, and made his home with a daughter. Mrs. Ulrich continued to reside with defendants. The plaintiff alleges that when said instrument was executed his mind was so impaired by the infirmities of age, physical debility, find grief at the loss of his wife, as to render him wholly incapable of managing his affairs ; that his son had managed his business and acted as his counselor ; and that the instrument was procured through the undue influence of the son and the mental incapacity of the plaintiff. He further alleges that the son has failed to perform on his part the requirements of said instrument ; that he failed to furnish plaintiff suitable food, and ill treated both plaintiff and Mrs. Ulrich.
I. The determination of this case depends chiefly upon questions of fact. There is much conflict in the evidence, but, after reading it with care, we have reached the conclusion that the preponderance is with appellants on all material issues. The transaction involved in this
II. The evidence fails to show that the son violated the agreement. The only complaint made by plaintiff when he left the house of defendants was that he didn’t like the coffee. It is shown that this was good. It is also shown that the treatment of both plaintiff and Mrs. Ulrich was good, and that Mrs. Ulrich was entirely satisfied. We conclude, therefore, that the decree of the district court must be
Eeveksed.