Pratt v Barker
Jurisdiction | England & Wales |
Judgment Date | 01 March 1828 |
Date | 01 March 1828 |
Court | High Court of Chancery |
English Reports Citation: 38 E.R. 896
HIGH COURT OF CHANCERY
[507] pratt v. barker. Feb. 28, March 1, 1828. The Court refused to set aside a voluntary deed executed by an old and infirm man, in favour of a person who had attended him as a surgeon, and had been occasionally consulted by him respecting the management of his property, and received the dividends of some stock for him ; it appearing that the nature and effect of the deed were fully explained to the grantor by his solicitor, before he executed it, and that he executed it of his own free will. The bill was filed in May 1821, for the purpose of setting aside a voluntary deed and two powers of attorney which the Plaintiff had executed in the preceding December, and under which a considerable sum of stock had been transferred to two of the Defendants, upon trust, after his death, for the benefit of themselves and certain other persons. The facts of the case are stated in 1 Sim. 1. The Vice-Chancellor having dismissed the bill with costs, the Plaintiff appealed. Mr. Home and Mr. Wilbraham, for the appeal. Mr. Sugden and Mr. Spence, contra. The Lord Chancellor [Lyndhurst], in...
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