was estopped from asserting her rights in this land. It is likewise apparent that even if this deed is not a forgery it was obtained by undue influence exercised over Amaretta Oliver by her son Revilo. Revilo and Flora Oliver were not married until July, 1907, and it is claimed this deed was executed in October, 1907. The record shows that Revilo was present at the time it was executed. We now come to consider the deeds by which Florence Ross and John Oliver claimed title to a part of this land. John Oliver's position all the way through this litigation has been that his mother was incompetent to transact business and was subject to the undue influence of anyone who attempted to exercise his influence over her. He said that his mother had a weak and vacillating mind for several years before her death, and so stated in his cross-bill and in his answers to the several bills. As before stated, Florence Ross went to Texas early in January, 1908, and while there secured the deeds here in question. It appears that on the 27th of January she took her mother to Wichita Falls on the pretense of shopping, and while there these deeds and the will were executed. The first indications of a diseased mind were manifested by Amaretta Oliver as early as 1900, when, according to Dr. Carson, her family physician, she entertained the fear that she was going to be poisoned. She would take no medicine, even from him, unless Revilo was present and directed her that it was all right. Many witnesses from Texas testified to peculiar conduct on her part, especially during the months of December, 1907, and January and February, 1908. It appears that in November, 1907, she took part in extinguishing a prairie fire which she started and was overcome with exertion and fear. For several weeks after that she was very feeble in mind and body and never fully recovered. It was claimed that these deeds were not delivered because Amaretta Oliver continued to exercise control over them and did not intend that they should be delivered until her death. This is manifested by the notice of ownership which she prepared and filed in Livingston county. It is apparent from this notice of ownership that the disposition made by the deeds did not please her and that she did not intend that they should be effective. This is also manifested by letters from her to different people and by the holographic codicil to her will. The disposition of the property made in these deeds and by the will executed at the same time is altogether inconsistent with all previous and future declarations of Amaretta Oliver with respect to the disposition of her property. It is undisputed that Amaretta had continually declared to her neighbors, as well as to the family, that Revilo was to have section 33 after her death, and it seemed to be her plan during the last years of her life that Revilo was to have section 33 and John about two-thirds and Florence about one-third of the Germanville lands. Florence had been given Amaretta's interest in an estate of Amaretta's brother Sol, in Indiana. This amounted to about $20,000. There is no dispute in the record that Amaretta held Revilo in great esteem and had great affection for him. This disposition of her property is not supported by any evidence whatever in the record excepting the testimony of Florence Ross. A clear preponderance of the evidence shows that the execution of these deeds and this will was secured by the false representations and the undue influence of Florence Ross. We have in the record the declaration of such fact by Amaretta Oliver, evidenced by the notice of ownership which she acknowledged before Ferguson and filed of record in Livingston county, by the codicil of July 6, 1908, and by letters written by her after the execution of the deeds. It is apparent that at the time these deeds were executed Florence Ross was the dominant party, and her mother was, as she had been for years, subject to the influence of a stronger mind. He The chancellor erred in holding these deeds valid. should have sustained the master's findings that on Au gust 11, 1908, Amaretta Oliver died the owner in fee simple of all the lands here in question, and that all the deeds, trust agreements and other instruments in writing held by her children were void and of no force and effect. The decree of the circuit court is therefore reversed and the cause remanded, with directions to modify the decree, holding the deeds executed on January 27, 1908, void and ordering the same canceled, and declaring the fee simple title to said property in Flora Oliver, (grantee of Revilo Oliver,) Florence Ross and the heirs-at-law of John Oliver, deceased, as tenants in common. Reversed and remanded, with directions. INDEX. ABATEMENT. death of either party abates suit for divorce... ACCOUNTING. PAGE. 260 director of corporation seeking to enforce an adverse in- ACTIONS AND DEFENSES. 158 foreign corporation must comply with conditions for trans- .... 142 184 what not a defense to the charge of forging name of the garnishee may question jurisdiction of the court in origi- 194 instruction that defense of alibi merely creates a reason- 308 what defense is available under the general issue in a suit 383 ... stockholder of corporation cannot secure appointment of ...... 413 433 433 |