Collins

This is an action to set aside a deed executed by plaintiff to defendant. Thomas Collins died, leaving real estate to the value of about $8,000. A paper, purporting to be the will of deceased, was offered for probate. By the terms of the will, the property was devised to defendant, who was named executor. Plaintiff was the father and only heir of deceased. There was a contest in the Probate Court as to the validity of the will, made by a nephew. The jury failed to agree. Thereupon defendant sent his son to Ireland, the residence of the plaintiff, and obtained from him a deed of the real estate, paying him therefor $500 ; and this suit is to set aside that deed. Evidence was offered upon both sides as to what transpired relating to the execution of the deed. The Court found that the deed was not obtained by fraud, or any false or fraudulent misrepresentations whatever, or undue influence. Hot only are we concluded by that finding in this Case, there being a substantial conflict in the evidence, but we are of opinion that the evidence sustains the finding.

Plaintiff, on the trial, offered to prove by jurors that on the trial in the Probate Court, upon the first ballot, nine of the…