48 Tenn. 644 | Tenn. | 1870
delivered the opinion of the Court.
About the 1st of June, 1866, M. H. Martin conveyed all of his real estate, consisting of two tracts, one of two hundred, and the other of sixty acres, to his two sons, Joseph PI. Martin and Madison Martin. The tract for 200 acres was conveyed to James H., for the consideration of one dollar, and in consideration that Joseph H., executed a bond in the penalty of $2,000 for the support of his father during his life. The tract of 60 acres was conveyed to Madison for the consideration of love and affection. A-t the time of these conveyances, the said M. H. Martin had a wife, two daughters, and a number of grand-children, who, as well as Joseph H. and Madison, survived him. In August, 1866, the said M. H. Martin died. Soon
The allegations of the bill are, that M. H. Martin was seventy-six years of age, enfeebled in body and and mind, as well by disease as by old age; harassed and disturbed, in consequence of a recent separation from a second wife, to whom he had been but lately married; and that defendants, Joseph H. and Madison, took advantage of his weakness of mind and his domestic trouble, and procured him, by undue influence and fraudulent devices, to execute the conveyances. With evident indications of hesitancy and evasiveness, the main allegations of the bill are denied.
It is well settled that weakness of understanding must constitute a most material ingredient in examining whether a bond or .other contract has been obtained by fraud or imposition, or undue influence; for although a contract made by a man of sound mind and fair understanding may not be set aside merely from its being a rash, improvident or hard bargain, yet if the same contract be made with a person of weak understanding, there arises a natural inference that it was obtained by circumvention or undue influence. 1 Story Eq., § 235. The doctrine, therefore, may be laid down as generally true, that the acts and contracts of persons who are of weak understanding, and who are thereby liable to imposition, will be held void in courts of- equity, if the nature of
In determining the validity or invalidity of the conveyances attacked in the bill, we must be governed by the principles of equity jurisprudence just laid down. The record exhibits to us a transaction between father and sons. The father is seventy-six years of age. He has been the victim of rheumatism and dyspepsia for years. Eccentric to an extent that approaches lunacy, and subject to spasmodic attacks, which for the time, rendered him helpless and insensible. At the advanced age of seventy-five he marries a second wife, and in a short time domestic troubles arise which result’ in their separation. He is the owner of two hundred and sixty acres of land, and he has two sons, two daughters and
This brings us to the controling question: Did M. H. Martin, being of sound and disposing mind, execute the deeds freely and understandingly, or was he at the time impelled to make the conveyance by the fraud or undue influence of defendants, Joseph H. and Madison, or either of them?
We have no difficulty in seeing that the leading object of M. H. Martin, and of Joseph H. and Madison, was to defeat the wife of M. H. Martin in any claim to said lands, either by way of alimony or dower. It appears
But it does not necessarily follow that because the conveyances were made in fraud of the dower right .of the widow, therefore they were void as between the said M. H. Martin and sons, Joseph H. and Madison. The question still recurs, whether, in contriving to' procure the said M. H. Martin to execute the deed to defeat the rights of the widow, the said Joseph H. also contrived to have the conveyance so made as to exclude all the other children and grand-children, except Madison and himself, from participation in the real estate; and whether, in so doing, advantage was taken of the imbecility, or the uneasy and disturbed state of mind, of his father.
In view of the facts that this was a transaction between the father and his sons, and that the father was
It is in proof that the deeds were prepared privately by an attorney at his office in Jonesboro,, in the presence of Jos. H. and Madison, and that the old man Martin was not .present; the door of the office was locked whilst they were being prepared. It is in proof that the deeds were written some time in June, 1866, but that they were ante dated to September, 1865.
This fact is charged in the bill as evidence of fraud, and defendants called on to answer. ' The only response made is, that “as to the dates of the executions of the deeds and of their probates and registration, he neither admits nor denies, as said deeds are not on file ; but being exhibited with the bill, refers to the dates thereof for legal evidence of said facts.” This response is not only evásive, but it suggests that the deeds bear their true dates, which is clearly proven not to be true. Whether the deeds were ante-dated so as to ■ show a date of execution prior to the marriage of the old man, with the hope thereby of defeating the wife’s alimony or dower, or whether because, in September, 1865, the mental condition of the old man was better than in June, 1866, it is left to conjecture. But, taken in connection with the evasive answer, the conclusion is irresistible that the deeds were ante-dated for some purpose, which defendant, Jos. H., deemed it best not to explain.
It is also in proof, that, at that time his health was much impaired. His uneasiness and disturbance of mind were evidently produced by his apprehension that his wife might become entitled to a portion of his land. In this condition his son, Joseph H., came to
It follows that the Chancellor’s decree will be re-‘ versed, and decree made giving the relief prayed for.