Person C could neither read nor write English language. Person C passed on a farm he owned to his eldest son, L for $23,500 which was the original price of the property in 1982. The value of the farm in 2012 was in the range of $145,000 to 165,000. At the time of conveyance, person C was old, severely ill and invalid. Person L handled all the personal affairs of person C and also obtained power of attorney from person C. Person C sued to cancel all the deeds stating that deed was executed under un due influence. Court agreed, annulled the deed and granted title to person C. Person L appealed. To discuss: About the court decision.

Question

Want to see the full answer?

Answer 1

Question

Chapter 11, Problem 23CP

Summary Introduction

Case summary:

Person C could neither read nor write English language. Person C passed on a farm he owned to his eldest son, L for $23,500 which was the original price of the property in 1982. The value of the farm in 2012 was in the range of $145,000 to 165,000. At the time of conveyance, person C was old, severely ill and invalid. Person L handled all the personal affairs of person C and also obtained power of attorney from person C. Person C sued to cancel all the deeds stating that deed was executed under un due influence. Court agreed, annulled the deed and granted title to person C. Person L appealed.

To discuss: About the court decision.

Expert Solution & Answer

Want to see the full answer?

Check out a sample textbook solution

See solution

Students have asked these similar questions

John Hobelsberger lived alone on his farm near Kranzburg, South Dakota. A grandniece, Phyllis Raml, and her husband, Ralph, lived on and operated a farm about two miles away. Hobelsberger and the Ramls had a friendly and cordial relationship. The Ramls visited him rather frequently and largely cared for him during his later years. Hobelsberger was hospitalized on October 23, and his condition was diagnosed as intermittent cerebral insufficiency. During his hospitalization, he requested that the Ramls send an attorney to see him about the preparation of a will. Thomas Green, an attorney, interviewed the testator on or about November 10 and prepared a will in compliance with his instructions.

John Hobelsberger lived alone on his farm near Kranzburg, South Dakota. A grandniece, Phyllis Raml, and her husband, Ralph, lived on and operated a farm about two miles away. Hobelsberger and the Ramls had a friendly and cordial relationship. The Ramls visited him rather frequently and largely cared for him during his later years. Hobelsberger was hospitalized on October 23, and his condition was diagnosed as intermittent cerebral insufficiency. During his hospitalization, he requested that the Ramls send an attorney to see him about the preparation of a will. Thomas Green, an attorney, interviewed the testator on or about November 10 and prepared a will in compliance with his instructions. Hobelsberger was transferred to a nursing home on November 19. On November 22, Green and a secretary went to the nursing home and witnessed his signing of the will. Hobelsberger was then eighty years old. He subscribed the will with a mark because he was having trouble with his hands. Hobelsberger…

Peter has been in practise as a doctor in Sydney since 1982. In 1984, he purchased a 25-hectares farm near Batlow, which is considered the premium apple growing region in Australia. The purchase price for the farm was $700,000. Peter borrowed the funds to purchase the farm. At the time of purchase the farm was used to grow apples and Peter continued to grow apples on the farm, employing a full-time manager for this purpose.As a result of the Black Summer bushfires in 2019/2020 however, most of the apple trees and packing sheds on Peter’s farm were destroyed. Peter decided not to replant apple trees. Instead, he decided to grow hazelnuts and cherries because he believed these would provide a higher yield than apples given current market prices.In late 2021, Peter arranged with his farm manager to oversee the removal of all remaining and burned-out apple trees on the farm and to prepare the soil to make it suitable for planting 200 cherry trees and 100 hazelnut trees. It was estimated…