David Josiah Brewer

“ To defeat a conveyance under those circumstances, something more than the natural influence springing from such relationship must beshown; imposition, fraud, importunity, duress, or something of that nature must appear; otherwise that disposition of property which accords with the natural inclinations of the human heart must be sustained. So that if this case turned simply upon the question of undue influence, compelling a voluntary conveyance, it would be difficult to find enough in the testimony to overthrow this deed. ”

“ We refer to these various statements and decisions, not as conclusive against the appellants, but as furnishing a solid foundation upon which to rest the testimony of Brooke Mackall, Jr., that the lot was given to him 20 years before the execution of this deed, possession taken, and improvements made by him. A party who receives a parol gift of real estate, enters into possession and expends money in improvements thereon, presents equitable considerations which will uphold a decree establishing a subsequent conveyance as a confirmation of his equitable title. ”

“ Such a nature forms strong likes and strong dislikes, and at no time are such likes and dislikes so potent as when the thought of approaching death suggests the last action in respect thereto. That up to and including the time of the execution of this deed heretained his mental faculties in full vigor, unclouded by opiates, the testimony of his physician, his pastor, the justice of the peace before whom the deed was acknowledged, his counsel, and his nurse abundantly establishes. ”