Karrick v. Landon
Karrick v. Landon
Opinion of the Court
delivered the opinion of the Court:
We are of opinion, from a careful examination of the somewhat voluminous record, that, while the evidence is insufficient to support the allegations of the bill charging that defendant, through a conspiracy and by the exercise of undue influence, coerced Landon into executing the will and agreement, it does establish that, at the times in question,. Landon was of unsound mind and mentally incapable of making a valid will or contract. With mental incompetency established, the court below properly entered a decree declaring the will and deed null and void, and providing for an accounting by defendants. In this view of the case, defendants, in the course of the settlement of the estate, should be reimbursed for the moneys advanced by them on behalf of Landon during his lifetime.
Equity furnishes the only complete remedy in the exceptional class of cases to which this belongs, where the complex relief sought consists in setting aside a deed and will embracing the same property and the same parties, enjoining.the benfeficiaries
No other question of law suggesting itself, the issues of fact need not be reviewed, as they are pertinent to this case only, and, if detailed in this opinion, would be valueless for future reference.
The decree is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- KARRICK v. LANDON
- Status
- Published
- Syllabus
- Wills; Deeds; Mental Capacity; Equity; Remedy at Law. 1. A will and deed covering the same property may be set aside in equity, and an accounting ordered, upon-the ground of the mental incapacity of the testator and grantor. 2. Beneficiaries in a will and deed executed in consideration of their undertaking to pay the testator and grantor a fixed sum monthly for life are entitled to be reimbursed for sums advanced to him during his life, when the instruments are set aside upon the ground of his mental incapacity, and no fraud or undue influence on their part is shown. 3. Equity furnishes the only complete remedy in the exceptional class of cases where the complex relief sought consists in setting aside a deed and will embracing the same property and the same parties, enjoining the beneficiaries from attempting to exercise any rights thereunder, and declaring them trustees for the benefit of those legally entitled to the estate, with a general order for accounting, — even though there is a statutory remedy such as is afforded by D. C. Code -secs. 136 and 137 (31 Stat. at L. 1212, chap. 854), providing for tire caveat or setting aside of the probate of a will.