107 A. 605 | N.H. | 1919
Two questions are raised by the defendant's exception, whether there is any evidence tending to prove (not whether it is more probable than otherwise) that (1) the grantor was of sound mind when he executed the deed in question; and (2) whether the deed was procured by undue influence. There was evidence that the defendant took the grantor to the scrivener, was present when *525
the deed was made and did most of the talking; if, therefore, there was any evidence from which it could be found that the grantor's mind was so far gone that he could not understand and appreciate the effect of what he did when he signed the deed, it could be found that it was procured by undue influence, or that it was the defendant's mind which dominated the making of the deed. Edgerly v. Edgerly,
Exception overruled.
All concurred.