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eBook details

• Title: Ralston v. Turpin
• Author : Supreme Court of the United States
• Release Date : January 05, 1889
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

MR. JUSTICE HARLAN delivered the opinion of the court. This suit was brought by the widow of the late James A. Ralston, Jr., to obtain a decree canceling certain deeds of gift of real estate, executed by her husband to the appellee, George B. Turpin, as trustee for his children. The original bill, filed August 7, 1883, sought this relief upon the ground that Turpin obtained the execution of the deeds by undue influence exercised by him over the grantor while the latter was in declining health, with a constitution seriously impaired by dissipation, and by the suppression of facts that were within his knowledge, and which, in view of his relations to the grantor, he was under obligation to disclose. In an amended bill, filed May 6, 1884, the grounds for cancellation were enlarged by an averment that at the time of signing the deeds the grantor was mentally incapable of comprehending and did not comprehend what he was doing, and that plaintiff gave her apparent consent to their execution, because, knowing Turpin's power ""over her husband, she feared to offend him lest he might either work a separation between her and her said husband, or render their relations with each other insecure and unhappy;"" and that ""she and her husband were both overreached and deceived by the said Turpin, and yielded because they were in effect powerless to resist."" By a subsequent amendment, made May 29, 1885, the plaintiff alleged as to the first deed that neither she nor her husband knew, at the time of its execution, whether it was a will or a deed, or what its legal effect was, and that both of them were so completely under Turpin's influence, and so anxious to conciliate and gratify him, that they did not stop to consider its character or effect, and had no opportunity to consult counsel with reference thereto. The answer put in issue all the material averments of the bill and amended bills.

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