Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 151
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...to parents, where the parental influence may operate upon the hopes or fears of the child, it is said: 'The influence which a child may exert over a parent on the other hand, by acts of filial duty and obedience, can never be undue influence. That influence is proper which any person gains over another by acts of pure kindness and attention and by correct conduct. In the case of a gift from a child to a parent, undue influence may be inferred from th'e relation itself, but never where the gift is from the parent to the child. " A parent-does not yield obedience to the child further than affection or duty prompts; and it is in accordance with the promptings of nature that parents should make gifts to their children.' "In Beanland v. Bradley, 2 Smale & G., 339, it is said: 'There is no rule of this court which prohibits a man, by voluntary deed, from bestowing a benefit upon his son, or his grandson, or his son-in-law, even though only a few days before his death. To provide for his children or grandchildren is, or may be, a necessary duty; and where a father discharges that duty, this court will not presume fraud. If fraud is alleged, it must be proven in the ordinary way.' "In Wesscll v. Ralhjohn, 89 N. C. 377, s. c. 45 Am. Rep. 696, a father was in a condition, arising from debility, to make him easily subject to importunity and undue influence, and his child occupied a position affording an opportunity to exercise such influence. In this condition, the father made a deed of conveyance to the child. It was held that undue influence would not be presumed,"and in the course of the opinion it was said: 'The facts stated are not inconsistent with the entire integrity of the deed, that...
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