AN UNUSUAL CASE

Taranaki Daily News, Volume LIV, Issue 68, 11 September 1911, Page 5

AN UNUSUAL CASE

FATHER SUES JUS DAUGHTER. ALLEGED UNDUE INFLUENCE. By Telegraph—Press Association. Timaru, Last Night. Justice Denniston ami the Supreme Court were -occupied for three days in an unusual kind of civil case, in which plaintiff sought to rescind the sale of n farm to his daughter on the grounds of false representation and undue influence. Plaintiff, T. Taylor, 80 years of age, fanned 250 acres near Orari for the last thirty years. One of his daughters married l'riddle, an adjoining fanner. To the latter, at the end of ISUO, Taylor sold his farm, Mrs. Priddle reserving the house and twenty acres for life. A part of the hargain was that Mrs Priddle was not to benefit under the will. Ho now sought to rescind the sale on the ground that the price was to have been .€l3 per acre, l>ut £(j was inserted in the agreement, but he signed; though told by the daughter that the price wan £ltJ, owing, it was alleged, to undue influence. Plaintiff asserted that she plied him with drink, and that she (persuaded him to keep the sale a secret. The mother was suspicious, and discovered the safe by search at the Deeds Office, and by further enquiry found the price was only £fi. Witnesses for plaintiff valued the farm at £ll to £l2 10s per acre; other experts, for the defence at, .t0 10s to £7 ss. It Was contended' •that pUuntiff was unfit to make such a bargain or to make a will, which was, done in connection with the .sale as part of the bargain, by which Mrs. Priddle was not to be a beneficiary with the fitlier descendants. In connection with the will, however, the solicitor, other than he who had carried through the transfer, showed that care had been taken to test Taylor's capacity. Two doctors examined him. and testified to his competence, and both solicitors satisfied themselves of it.

The Judge pointed out that £l2 was not mentioned in the first pleadings, and that the new will disposed of the proceeds of the sale at the rate of £0 per acre. The .€l2 must lwc beer, an afterthought The allegation of fraud was Defendant said she gave her father a glass of beer when he came to her house, and that was after the transfer.

His Honor ridiculed the suggestion that plaintiff luul liecn .unduly influenced. He held defendant quite competent to make the bargain, aml added that tho case was a wisto of firr". and should never have vaw». More the court, and gave judgment for defendant with costs on the highest scale.