Horace Gray

“ The same rule as to the burden of proof applies with equal, if not greater, force to the case of a gift from a parent to a child, even if the ef ect of the gift is to confer upon a child, with whom the parent makes his home and is in peculiarly close relations, a larger share of the parent's estate than will be received by other children or grandchildren.
Applying these principles to the case at bar, it is beyond doubt that the relations in which Mary I. Campbell stood to her daughters and their husbands afford no ground for putting upon them the burden of disproving undue influence. ”

“ But to consider a parent disqualified to take a voluntary deed from his child without consideration, on account of their relationship, is assuming a principle at war with all filial, as well as parental, duty and affection, and acting on the presumption that a parent, instead of wishing to promote the interest and welfare [of] , would be seeking to overreach and defraud his child ”

“ The first ground of objection seeks to establish the broad principle that a deed from a child to a parent, conveying the real estate of the child, ought, upon considerations of public policy growing out of the relations of the parties, to be deemed void, and numerous cases in the English chancery have been referred to, which are supposed to establish this principle.' 'It becomes the less necessary for us to go into a critical examination of the English chancery doctrine on this subject ”

“ After the filing of answers fully and absolutely denying the undue influence charged in the bill, and of a general replication, the case was heard upon pleadings and proofs, and a decree was entered dismissing the bill. The plaintiffs appealed to the court of appeals of the District of Columbia, which affirmed the decree. 11 App. D. C. 377. The plaintiffs then appealed to this court. ”

“ She died October 1, 1885, and the bonds then became part of the residue of the estate, bequeathed to his widow, Mary I. Campbell. On October 5, 1885, the bonds were transferred to her on the books of the treasury department; and on the next day, October 6, 1885, their market value then being about $15,000, she made a gift of them, in equal shares, to her two daughters, mrs. Russell and Mrs. Moore. ”