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eBook details

• Title: John J. Jenkins and Others, Appellants v. Sarah M. Pye and Edward Arell Pye
• Author : United States Supreme Court
• Release Date : January 01, 1838
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 91 KB

Description

This case comes up on appeal from the circuit court of the District of Columbia, for the county of Alexandria. The appellees were the complainants in the court below; and as heirs at law of their mother, Eleanor Jenkins, filed their bill, by their father, James B. Pye, as next friend, to set aside a deed given by their mother to George Jenkins, her father, bearing date the 15th of March, 1813. The bill charges, that the deed was made wholly without consideration, and operated only to create a resulting trust in favour of the grantor and her heirs; and if their claim cannot be sustained on that ground, they charge that the deed was obtained by the undue influence of parental authority, and therefore void in equity, against the said Eleanor Jenkins and her heirs. The consideration expressed in the deed is one dollar; and as to the allegation of undue influence, the bill charges that the said Eleanor inherited, as heir of her mother, the land conveyed to her father, and in which her father was entitled to a life estate. That at the time of her mother's death, she was an infant of very tender years, residing with her father, and continued to reside with him until her marriage. That she never was informed of the extent of her property, to which she became entitled on the death of her mother; and having led a life of great seclusion, in the country, at a distance from Alexandria, where the lands are situated, she had no means of acquiring information on the subject. That very soon after the said Eleanor had attained the age of twenty-one years, and whilst she still resided with her father, and remained in ignorance of the extent and value of her rights; the said George Jenkins, availing himself of his parental authority, and of the habit of implicit obedience, and submission on the part of his child, procured from her the deed in question.

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