John Marshall

“ The decree is inconsistent both with the allegations in the bill, and with itself. It is a bill with a double aspect. It charges incompetency in the grantor, and prays that the estate may be exonerated; it also charges a trust, and prays an account, and general relief. The decree declares that the grantor was incompetent, and his conveyance invalid, and yet does not exonerate the estate from them. A deed cannot be set aside partially on the ground of fraud. ”

“ If these deeds were obtained by the exercise of undue influence over a man whose mind had ceased to be the safe guide of his actions, it is against conscience for him who has obtained them to derive any advantage from them. ”

“ The Court below did not consider it necessary to determine this point, because, at all events, there was a resulting trust for the heirs, (after allowing for advances, &c.) which, even in England, might, unquestionably, be established by parol. But a comparison of the English statute of frauds, 29 Charles II. c. 3. with the provisions of the local statute of Rhode Island on the same subject, would show, that the latter did not extend to trusts, and, therefore there could be no question of the admissibility of parol evidence in this case. ”

“ The law will not measure a man's understanding, and a partial diminution of intellect is not sufficient to invalidate the deeds; nor is there any such thing as an equitable incapacity, where there is a legal capacity. [z] Fraud of this description is equally cognizable at law, and in equity ”

“ They have, therefore, a vested equitable interest in the property, of which they ought not to be deprived without being heard. They may choose to come to a partition, and to redeem their shares by paying their proportion of the money with which the estate is charged. The bill does not state, that the heirs who are not made parties are unwilling to become so, or cannot be made defendants by the service of process. ”

“ These are proper charges on the estate itself. So are improvements and repairs which enhanced the rents, and the value of the estate. As a defendant in equity, Asa Handy has certainly a right to retain them, and to receive credit for them in the account which was directed by the Circuit Court. ”

“ A complete and adequate remedy at law existed. If the deeds were invalid on the ground of fraud and imposition, that question might be tried in an action at law. It had been so tried and determined. #fnl [5]
2. It appeared, on the face of the bill itself, that there were other children of Comfort W. who are his heirs at law, but who had not been joined in the present suit. They were equally interested with the other plaintiffs, and should, therefore, have been joined. Their interests are also affected by the decree. It is not too late to take advantage of this objection. ”

“ A sober, prudent, reflecting, and moral man, between seventy and eighty years of age, mingles with profligate people, to whom he devotes himself, and becomes suddenly intemperate, immoral, and childishly whimsical and indiscreet, so that his nearest friends think it necessary to put it out of his power to ruin himself. ”

“ If these facts had been ever so distinctly put in issue, they have not been proved. Where fraud is alleged, it must be fully proved, and will not be presumed [v] The presumption of law is in favour of a party executing an instrument. ”

“ This rule, adopted by the Master, is, in our opinion, one to which Handy could make no just objection. There can be no propriety in admitting the party as a witness to support items in an account, which, from their character, admit of full proof. Of this description are the items which constitute his third exception. It is the demand of testimony to support his charges for repairs and improvements. These repairs and improvements are susceptible of complete proof ”

“ If, however, he was in the state of mind in which the bill represents him, the plaintiffs, by their agent, participated in the fraud, and, therefore, have no right to call upon a Court of equity to interfere, to relieve them from the web in which they have entangled themselves. #fno [7]
6. The plaintiffs are barred by lapse of time.
7. The decree sanctions an attempt to establish a contract concerning lands, and a trust in real estate, by parol evidence. The proof of a trust lies on the party who alleges it. ”