94 N.J. Eq. 57 | New York Court of Chancery | 1922
In the latter part of 1920 Martha L. Eield, an old lady over ninety years of age, executed a deed to the defendant Eannie Rowland for a property occupied by the grantee and her husband, Alden M. Rowland, for the consideration of one dollar. The deed was not acknowledged. At the time Mrs. Eield signed it there was no one present but herself and Mr. and Mrs. Rowland and their daughter. The husband of the grantee was the subscribing witness. He did not explain the contents of the deed to Mrs. Eield, nor was it read by her nor to her. It had been prepared by a lawyer at the request of Mrs. Rowland, and taken by her to Mrs. Eield for execution at the time Mrs. Eield signed it. Immediately after her signature was obtained the deed was taken
The bill is filed by complainant, Emma H. McCully, to set aside the conveyance by Mrs. Eield to the defendant Eannie Rowland, she contending that the conveyance was without consideration, and is ineffective and a nullity, because of the incapacity of the grantor and the undue influence brought to bear upon her by the defendants.
It is significant that under date of March 4th, 1921, the defendant Alden M. Rowland wrote the following letter to the complainant, which was received in evidence:
“Jersey City, 3/4/21.
“My dear Mrs. E. McCully:
“When. I reached home last evening my wife spoke to me in reference to you having 0 will. I told her you was certainly entitled to the place. How about it if we withdraw the case?
“Sincerely,
“A. M. Rowland.”
It is evident from the testimony that Mrs. Rowland shared this belief and that she feared she would be doing something wrong in accepting the deed, or get herself in trouble.
I am satisfied from the evidence that Mrs. Eield was incapable of recognizing facts, indicated by -her failure to recall the previous execution of her will and disposition of the property involved therein. Hammel v. Hyatt, 59 N. J. Eq. 174; Haydock v. Haydock’s Exrs., 34 N. J. Eq. 570.
Aside from this point, on which the case might well be rested, there is the further proposition that the obtaining of the execution of the deed by the Rowlands was accomplished in a most suspicious and unusual manner. The deed lacked an acknowledgment, and was in no way explained to Mrs. Eield, or its contents made known to her; nor was she given the benefit of independent and impartial advice regarding it.
Under the circumstances attending the conveyance in question the burden was upon the defendant to show that the grantor fully appreciated the nature of her act; that she had the preliminary benefit of independent and impartial advice, and that no undue advantage was taken of her. This they have failed to sustain. Vass v. Warner, 92 N. J. Eq. 294, Walz v. Oser, supra.
I will advise a decree in accordance with the prayer of the bill.