AGED FATHER SUES DAUGHTER.

Dominion, Volume 4, Issue 1229, 11 September 1911, Page 4

AGED FATHER SUES DAUGHTER.

-4 PROTRACTED COURT CASE. (By Telcgrai)li.-Prcs6 Association.) Tiniaru, September 9. Mr. Justice Denniston, in the Supremo Court, has been occupied for three days wilh an unusual kind of civil case, in which tho plaintiff sought to rescind the sale of a farm lo his daughter, on the ground of false roprcMiiUiticji. ami undue influence. Tho plain!iff, T. 11. Taylor, 80 years of age, has farmed 250 acres of land near Oniri for the last thirty years. One of his daughters married Mr. J'riddle, who occupied an adjoining farm. Towards tho latter end of 11110 Taylor sold his farm (o Mrs. Pridille, reserving the house and 20 acre* for life for himself and bis wife. Part of the bargain was that Mrs. Priddle was not to benefit under her father's will. It was now suught (o rescind the sale, on the ground that the price was lo have been .L'l2 per acre, but A'fi was inserted in the agreement that he signed, though told by bis daughter that .£l2 was there. As to undue influence, it was asserted that she plied him with drink, and that she persuaded him lo keep the sale a secret. The mother became suspicious, and discovered the sale by a search at the Deeds Office, and by further inquiry, found that tho price was only .CG. Witnesses for the plaintiff valued the farm at from .£ll to £\2 10s. per acre, while other experts for the dofoacc placed tho value at from ,KG 10s. to XI as. It was contended that the plaintiff 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 was that Mrs. Priddle was not to bo a beneficiary with tho other descendants. In connection with tho will, however (made by another solicitor than the ono who carried through tho transfer), it was shown (hat care bad been taken lo test Mr. Taylor's capacity, two doctors examining him, and testifying to his com pot" ence, and both solicitors. satisfying themselves of it. The Judge pointed out that tho alleged nrico of .£l2 was not mentioned in tho hrst pleadings, and that tho new will disposed of tho proceeds of the sale at tho rate of ,£G per aero only. Tho ,£l2 must have bce<n an afterthought. The allegation of fraud was then abandoned. The defendant said sho gave him her [father glass of beer when ho came to her house, and that was after tho transfer. ' His Honour ridiculed tho suggestion founded on that. He held that defendant was quite competent to inako tho bargain, and added that tho caso was a waste of time, and should never havo come before (he Court. Ho gavo judgment for defendant, with costs on tho highest scale.