Dohan v. Yearicks
Dohan v. Yearicks
Opinion of the Court
The decree is affirmed on the following findings of the learned court below: “In the case at bar, the plaintiff, an aged woman of sound mental faculties, transferred her entire estate to the defendant, who was not related to her by blood, but on whom she relied for care and attention to her bodily needs, and to whom, in a great measure, she confided the management of her business affairs. Although based in a large degree upon esteem and gratitude for past services, this transfer was not a gift, but was made in consideration of the defendant’s promise to support and maintain the plaintiff for the rest of her life. This was the real consideration for the transfer, although the deed for the real estate involved in the transaction mentioned as its consideration the sum of one dollar and other moneys. The expression of a nominal consideration in a deed is resorted to by conveyancers to avoid the inconvenience of setting forth the real consideration when that is difficult to set forth briefly, or of a private
Decree affirmed.
Reference
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- Syllabus
- Equity — Bill to set aside conveyance — Consideration—Fraud— Insufficient evidence. 1. A bill in equity to set aside a conveyance by plaintiffs decedent to the defendant on the ground of fraud and lack of consideration was properly dismissed where the chancellor found that decedent at the time of the transfer was an aged woman but of sound mental faculties, that the conveyance was voluntary and made in consideration of care and attention by the decedent of the plaintiff for a number of years and in further consideration of defendant’s promise to support and maintain decedent for the rest of her life, which was duly performed, and the evidence disclosed no actual fraud or deceit practiced by the defendant to secure the transfer. 2. In such ease the fact that the consideration expressed in the deed was the sum of one dollar, which in fact was not paid, was immaterial.