97 P. 755 | Or. | 1908
Opinion by
“I told her that I would have to go home with my children, and that the hired girl could watch her, and she says to me: ‘No; don’t you leave me for a moment. 1 would not trust myself with the girl or anybody else.’ Mrs.- Cordon had been there, and I told her that probably Mrs. Cordon would come and stay with her, and she says: ‘No; I don’t trust myself with Mrs. Cordon or anybody else. I want you to stay right here.’ And I told her that 1 could not leave home to stay with her; * * that she was all right now and she could stay with the girl; * * that I would have to go and attend to my household duties, and she says: ‘No; I want you. * * You have been good to me, and, if it had not been for you, I would have died long ago. Now,’ she says, ‘I will tell you what I will do, if you will bring your bed here tonight and stay with me, and be here in the morning, and give me my medicine and breakfast, and stay with me, I will give you this property.’ She says: ‘I have been intending to mention about the property.’ I stopped and studied a minute, and*460 I says: ‘Grandma, I don’t believe you mean that.’ And she says: ‘Yes, I do.’ She says: ‘What is the difference in me spending money to have people to take care of me, or giving you the property to keep me and take care of me the rest of my days, and then I know I will have a woman to look after me the rest of my life, for my son does not take any interest in me.’ Well, I studied a few minutes. I did not know really whether she meant it or not. After a while I says to her: ‘Now, Grandma, if you want me to do that, you will have to make me a legal deed to the property,’ to see whether she realized what a deed meant, and she says: ‘I will. We will fix the thing so that never anybody could come between you and I, and I want you to take care of me the rest of my life, provide me with a home.’ And I says: ‘All right.’ So then I went home and done my work, and when I came back I brought my bedding, and I stayed with her.”
According to defendant’s relation of the facts, this is the first time that matter was mentioned, and it was then about 5 o’clock in the evening of the 7th, .that plaintiff was crying, and that witness told her she could not stay with her and take care of her without some compensation, which resulted in the above agreement. This recital by defendant convinces us of two things: First, that the defendant had secured complete control over the mind and affections of plaintiff; and, second, that defendant at the time doubted plaintiff’s mental capacity to comprehend the effect of the proposed transaction.
Dr. Hoover, plaintiff’s attending physician, testifies that he had several conversations with plaintiff about the advisability of her deeding her property to defendant, and advised her that it might be the best thing for her to do, but that it was none of his business, and to do just as she liked about it. But he also says:
“One evening I called there and Mrs. Cordon was in the room, and there seemed like there had been more oj less roughness there all day” about her going into this deal. “She sent Mrs. Cordon out of the room, * * and, after she went out, she said: T have decided to take up the Parzoos at their offer, and I wish you would have*461 some good attorney come up here tomorrow and fix the necessary papers.’ And I says: ‘All right.’ * * ‘Now,’ she says, when the woman left the room, T don’t care if this woman know what I am doing. She thinks I am crazy. I wish she would go home and attend to her own business. I will have nothing to do with her.’ ”
From other witnesses it appears clear that the question of plaintiff’s competency had been discussed among those who had been assisting in taking care of plaintiff, and that the defendant, no doubt, knew of that fact, and through her it was communicated .to plaintiff, who became ill disposed towards them. We think, also, the inference is plainly deducible from her statements to Dr. Hoover that the defendant had made the proposition to plaintiff and had urged its acceptance. The following morning Charles L. Hamilton, an attorney, was procured to call upon plaintiff, and, learning her wishes, he returned to his office and prepared the deed. In the afternoon of the 8th he called again to have it executed. Defendant had procured the attendance of a Mrs. Perry, a neighbor, to act as a witness. Hamilton testifies that plaintiff then informed him, in the presence of defendant, that others thought that she was crazy, and he then informed her that, if that were true, he could not take her acknowledgment. But, after talking with her a few minutes, he concluded she understood what she was about to do, and, after having read the deed over to her, omitting the description, he asked her if she understood it, to which she answered she did. Then defendant and Hamilton raised and supported plaintiff in the bed and, while the latter held her hand, she made her mark in execution of the deed. As to what immediately followed in reference to the delivery of the deed, there is some conflict in the testimony. Defendant, however, testifies that it was first handed to plaintiff, who then handed it to her, .with the remark that “what is mine is hers, and what is hers is mine.” The consideration expressed in the deed is
It is confessed by all who have testified that plaintiff had been suffering from frequent and serious illness, which threatened to terminate fatally; that such illness was accompanied by severe pains, to alleviate which her physician had habitually prescribed morphine; that she was so seriously ill on the 6th and 7th of January that it was necessary to attend upon her at night and for several .nights thereafter, and by some of her attendants it was thought she would not recover. The prescriptions prepared by Dr. Hoover are in evidence, and contain morphine, although not in large doses, yet in sufficient quantity to alleviate her pain, and when that result had been attained she was said by defendant and the physician to be better, and then it was that the deed was executed. But we cannot fail to note that on the next day following the execution of the deed a new prescription was given in which the quantity of morphine was‘doubled. There is no explanation given for the necessity of this.
A great deal- has been claimed by counsel for defendant for the apparent neglect of plaintiff by her son, who is now acting as her guardian and prosecuting this suit. As before stated, he lived in the vicinity of Portland; where his business kept him. But the record shows that he visited her in July, 1905, and that he had been en
We are unable to find any reason upon which to base a reversal of the decree. On the contrary, every principle of equity supports it, and it should be affirmed, with costs to respondent in this court. Affirmed.