The Hocking sentinel. [volume] (Logan, Ohio) 1871-1906, 1889-01-17

ment which has supervened in
consequence OF increasing lnfirm.
FIRMLY. and not from the treat
ment, neglect or misconduct oil
those who have thus unconsci-
ousiy and without fault become
the object of such apprehension.
This l think very nearly de-
lscr,bes the condition OF the old
man Spenc er's mind a: the time
of such inquiry. Was advantage
taken ofl!,e old man and ne IN
duced to do what he would other.
wise not have done.
First. l should say that this
transaction must be looked upon
as a gilt from the father if it was
anything. When considered as
a contract for value, the consid.
Grafton is so inadequate as 10
| shock any court.
A man 81 yrs. Of age, on the bed
on Hhlch eleven days afterward
he died stricken by fatal sickness,
givlns $4,000 for his support the
remainder of his days, when con-
sidered as contract resting up
on a fair consideration, is simply
ridiculous.
The relations existing between
the parties, the parent and child.
must support it as a gift in the
nature of a testamena,ry bequest
if it is sustained at all.
Fraud and undue influence are
so nearly synonymous that it will
not be important to define a diff
ference since the result OF either
must be the same. Undue inf1u-
ence Is indeed the more extend
ed term, and includes a great
number of cases and an almost
indefinite extent and variety of
means to accomplish its purpos-
es which are not included in the
former. So that while undue in
fluence embraces fraud. fraud by
no means embraces every species
of undue influence. Since it is
quite supposable that one NAV
really exercise a degree of irflu-
cnce over another producing an
act which upon every just ground,
is fairly entitled to be considered,
extreme and unreasonable either
in character or degree without its
being really fraudulent, and yet
would be considered undue.
1t is Well known in experience
that by far the largest proportion
of wills, testamenatry gifts. etc.
procured by undue influence, is
brought about by fatlery and af
fected devotion. 1t is the thrift
that follows fawning. The old
childish father is delighted with
his reformed and obedient SON.
1t is of the very nature OF fraud
to put OH a pleasing front to ap
pear TO the deladed one, parti-
cularly fond and promising.
AS it has been described by a |
great wriler-
The monster with the deadly sting,
Who passes mountains brea ks:through
Fenced walls, and with his
Filth taints all The world.
His lace the semblance of
A just man wears
So kind and gracious is its outward
cheer.
The rest is serpent ALL
Now 1t is true that fraud is to
be proven and inferred, yet il
must not be expected to BE- prov
en- by the admission Of the par
lies charged, nor by any absolute
" direct evidence. but NAV be
at and proven by the cir
of the case.
There are certain badges of
rand, as they are called, really
circumstances that ex.
oerience teaches usually accom-
)any fraudulent transactions,
hence where charge Of fraud is
o be investigated, we look at
'nce for the badges or suspicious
circumstances TO see if they are
present.
Where the party benefited ,
las a controlling agency lin {
procuring fraud, it is uni
ormly regarded as a very sus-
,icious circumstance. and one re- ,
Iuiring the fullest explanation.
10 when the act is unreason- ,
BILE and inconsistent with the t
uties of the testaior toward his ;
ther children. This will impose ,
pon the beneficiary Of such an |
Ct the duty of giving some reas- G
nable explanation. When the
ct in question is contrary to his q
ormer expressed intentions in i
egard to the matter. where there d
) no reasonable explanation for G
his change. This is considered y
very strong badge. a
When the person benefited, has r
eculiar means and opportunity
, fatter and persuade, exert ip> f
uence. in other words, it is a L
rcumstance to be considered. "
Not every degree of influence d
lat may be exerted over another I,
uniua bv anv means. .Insf :,