Forbes
Forbes v. Forbes
Opinion
Lead Opinion
Hart, J.
On the nineteenth day of August, 1889, Alexander Forbes and his two sons, E. A. and John C. Forbes, the latter known as Clarence Forbes, granted and transferred the lands and premises mentioned in the complaint and other lands to one Mary E. Wilson, for the sum of eighteen thousand dollars. ' Twelve thousand dollars of this amount was for the lands belonging to the two sons and six thousand dollars was for lands belonging to the father. There was paid on account of the purchase price six thousand dollars, which was divided between the grantors, and several promissory notes for the aggregate sum of twelve thousand dollars, secured by a mortgage on all the property, were executed by Mary E. Wilson and her husband. The Wilsons were unable to pay the notes and on the fifth day of January, 1891, they reconveyed all the lands to E. A. Forbes, the promissory notes were canceled and the mortgage was released. Subsequently, E. A. Forbes settled with his father for the latter’s interest in the lands.
John C. Forbes died on or about the twentieth day of April, 1891, and his son, Edwin G-. Forbes, was appointed administrator of his estate on the twenty-seventh day of July, 1915. E. A. Forbes…