28 Fla. 660 | Fla. | 1891
The heirs of Aden Waterman, deceased, by first marriage, filed a bill in the Orange County Circuit Court against his widow and son by a second marriage to set aside and cancel a certain deed executed by said decedent to his second wife for her life and remainder in fee to the son. The second wife, Eeola Waterson, to whom the' deed was executed during coverture, subsequently manned Elijah M. Higgins, and the name of the son by the second marriage is Lewis P. Waterman. The allegations of the bill which set forth the grounds for cancelling the deed are as follows, viz: That about the 12th day of June, A. D. 1876, said Aden Waterman in alleged consideration of the natural love and
Complaints aver and charge that said conveyance was not the voluntary and free act and deed of Aden Waterman, but was procured from him by the fraudulent representations and wicked influence and persecutions of the defendant Reola, and ought to be taken and held as inoperative, null and void, and be can-ceded on the record. There are three grounds stated in the foregoing allegations for cancelling the deed: The first is, that the deed was executed' in violation and disregard of the laws of the State in force at the time of its execution ; the second is, that the grantor, at the time he executed the deed, was non compos mentis, and incapable on account of mental imbecility to execute the deeds ; and in the third place, that the deed was not voluntarily executed, but that the same was obtained by the fraudulent representations and wicked influence of the wife, Reola Waterman, now Reola Higgins. In connection with the allegation that the deed was executed in violation of law, it is averred that the deed is inoperative for vagueness and uncertainty, but wherein the vagueness or uncertainty exists nowhere pointed out. The allegations of the bill above set out are not entirely correct in reference to the deed in question. From 'the deed introduced in evidence we are advised that it is a deed poll made direct without the intervention of a trustee from Aden Waterman to his wife, Reola A. Waterman, for and during her natural life. The consideration expressed
It is alleged first that the deed in question was executed in violation of the laws of Florida. Counsel for appellants say “that the deed was a joint conveyance from husband and wife, and no statute of Florida authorizes it, while the common law expressly prohibits it.” As a matter of fact the deed does not purport to be a joint deed from husband and wife, but it is a deed from the husband direct to the wife. The question then presented is whether or not a deed executed during coverture by the husbaud direct to the wife, without the intervention of -a trustee, is of any
Not only will a court of chancery refuse to cancel a deed direct from the husband to the wife, where he is in a situation to make a gift to her and conveys a reasonable portion of his property for her maintenance, but such conveyances are regarded in equity with favor and are sustained where they do not .interfere with existing rights, or constitute a scheme for future
The other grounds for setting aside the deed present questions of fact. Reversing the order in which they
The remaining ground alleged for setting aside the deed is that the grantor was, ‘ ‘from bad health, mental trouble and old age, utterly, totally and entirely non compos mentis, insane and without mind, or freedom of will, and was incapable of making any contract whatever, or of judging of the proper disposal of his property.” We have already reached the conclusion that in a court of chancery the consideration for the conveyance from Aden Waterman to his wife is meritorious and looked upon with favor by this court, and further, that no fraud or undue influence is shown to have been practiced upon him to obtain the deed. The case, therefore, is not affected by considerations of un
The decree dismissing the bill is, therefore, affirmed.