Lamb

Lamb v. Wilke

Good Law
19 Cal. App. 286·1912 Cal. App. LEXIS 39·125 P. 757
Court of Appeal of CaliforniaJune 19, 1912Civ. No. 1100.California1,115 words

Opinion

Lead Opinion

Allen, J.

Action to set aside a deed executed by one James D. Watson, deceased, to appellant while deceased was of unsound mind and acting under undue influence of appellant. Plaintiffs and respondents are nephews and nieces of the deceased. The action was tried by the court, which finds all of the material allegations of the complaint to be true; that Watson was of the age of seventy-six years at the time of the execution of the deed and was of unsound mind and incompetent to make a contract; that at such time he did not possess a mind sufficiently clear and strong to enable him to know and understand the nature of the act in which he was then engaged, or to know and recollect those who were the natural objects of his bounty; that at the time of the execution of the deed he was sick and suffering from a disease causing his death two days thereafter; that he was upon his death-bed when the deed was signed; that deceased had no independent advice, but acted solely upon the inducement and advice of defendant; that no consideration was paid for the deed; that at the time of the conveyance of said property, and for some time prior thereto, Watson implicitly confided in and trusted defendant,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.