Nash County NcArchives Court.....Thomas W. Taylor, Jacob J. Q. Taylor V. 1849
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Connie Ardrey n/a January 30, 2010, 6:15 pm

Source: Nc Reports
Written: 1849

Jacob J.Q. Taylor vs. Thomas W. Taylor, 1849

Though fraud, circumvention or undue influence will avoid the execution of a 
deed, yet fair argument and persuasion may be used without having that 
consequence.

Cause removed from the Court of Equity of Nash County, at the Spring Term 1849.

The plaintiff is the administrator of Mrs. Mary Taylor, who died in 1848, at 
the advanced age of ninety. He alleges, that for the last five or six years of 
her life, his intestate had entirely lost her intellect, and was incapable of 
making a valid contract; or, at all events, her mind had become very feeble, 
so as to render her easily influenced, liable to be imposed on, and an easy 
prey to any one, who chose to take advantage of her weakness: that in 1844, 
the defendant, by fraud, circumvention, and undue influence, procured his 
intestate to execute a deed, by which she conveyed to him absolutely, all of 
her personal estate: That his intestate left, her surviving, a daughter and 
several grand-children, among whom are the plaintiff and defendant, who are 
brothers; and made no provision for any of them, except the defendant by the 
deed aforesaid. The prayer is, that the deed may be declared void, and 
surrendered up to be cancelled.

The defendant admits the execution of the deed. He denies, that his 
grandmother had entirely lost her intellect; but he admits, that her mind was 
quite feeble from old age. He alleges, that she executed the deed voluntarily, 
and with a full knowledge of its contents; and denies that any fraud, 
circumvention, or advantage was used to obtain its execution. He had the deed 
registered soon after it was executed, took possession of the property, and 
supported the old lady for the rest of her life.

B. F. Moore for the plaintiff
Miller and Busbee for the defendant

[NC Supreme Court]
Pearson, J. Many depositions were read on the hearing. We are satisfied that 
Mrs. Taylor had mental capacity to make a deed, but she was very feeble, both 
in body and mind, and was in a condition to be easily imposed on.

There is no proof that any fraud or circumvention was used, or any advantage 
taken of the old lady. The donee was her grand son; she executed the deed 
voluntarily and surrendered the possession of the property; the deed was 
registered; and she lived four years afterwards, during which time she made no 
complaint of having been imposed on, and expressed no wish to have the deed 
set aside. Indeed, it appears, that the deed makes nearly the same disposition 
of her property, that she had made by a will executed the year before.

Fair argument and persuasion may be used to obtain the execution of a deed or 
will. There is no evidence in this case, that any advantage was taken or any 
undue influence exercised. The plaintiff fails entirely to make out a ground 
to assail a will, much less a deed.

Per Curiam
Bill dismissed with costs

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