191 Iowa 1011 | Iowa | 1921
The grantor in the deed assailed herein was George Overmyer, Sr., who died in his ninetieth year, on April 4, 1918. The deed in question was a conveyance of 40 acres of land, and was executed in August, 1916. He left surviving him four daughters and three sons. The sons are known in the record as George, Ed, and John. The grantees in the deed are Roy and Perry Overmyer, the two sons of the son John. They are the defendants herein. The plaintiffs are the son George and four daughters of the deceased grantor. The sole ground of attack is mental incapacity. There is no claim that the grantees were instrumental in procuring the deed, nor any claim of undue influence by anyone, except such as inheres in mental ineompetency. The evidence on both sides on the question of mental incompetency is very contradictory and quite perplexing. The grantor, Overmyer, was twice married. The wife of the first marriage died in 1872. The wife of the second marriage died in 1889. The children were all born of the first marriage. The
The last few years of the grantor’s life were spent under considerable disability. He suffered from sciatica, which rendered one limb almost helpless; he had a partially paralyzed arm, which rendered it difficult, and finally impossible, for him to sign his name; his hearing was bad; his eyesight was poor; he had kidney and bladder and prostatic trouble; he was fretful and complaining and sometimes cried; he scolded those who helped him; he was rough in speech and profane; he was careless of his dress and person. All in all, he was an eccentric and difficult patient. His eccentricity, however, was not of recent origin.
The general scope of the evidence for the plaintiff is that the infirmities of old age were upon him to an extraordinary degree; that he was forgetful; that he asked the same questions repeatedly; that he often failed to rcognize persons that he knew; that he “talked silly;” that his complaints were unreasonable, and therefore the probable result of delusion; that he threatened
We reach the conclusion that the proof offered on behalf of the plaintiffs is not, in the light of the whole record, of the satisfactory character which would justify the setting aside of this deed. The decree of the district court is, therefore,' — Affirmed.