75 N.W. 400 (Wis. 1898), Doyle v. Welch

• Citation: 75 N.W. 400, 100 Wis. 24
• Opinion Judge: JOHN B. WINSLOW, J.
• Party Name: DOYLE and others, by guardian ad litem, Respondents, v. WELCH and another, Appellants
• Attorney: For the appellants there was a brief by Rogers & Mann, attorneys, and O. T. Williams, of counsel, and oral argument by Mr. Williams. For the respondents there was a brief by Ryan & Merton, and oral argument by T. E. Ryan.
• Case Date: May 24, 1898
• Court: Supreme Court of Wisconsin

Page 400

75 N.W. 400 (Wis. 1898)

100 Wis. 24

DOYLE and others, by guardian ad litem, Respondents,

v.

WELCH and another, Appellants

Supreme Court of Wisconsin

May 24, 1898

Argued: May 9, 1898

APPEAL from a judgment of the county court of Waukesha county: M. S. GRISWOLD, Judge. Affirmed.

This is an action in equity to set aside a deed on the ground of mental incompetency and undue influence. The deed was made by one Edward Doyle, Sr., in favor of his daughter, the defendant Annie Welch, and covered a farm of eighty acres in Waukesha county, which comprised his entire estate. The plaintiffs are his grandchildren, being three of the minor children of a deceased son of the grantor, also named Edward. The defendant Ellen Doyle is also a minor child of Edward Doyle, Jr., who refused to be joined as plaintiff. The facts appearing on the trial are thus fairly and succinctly stated by the trial judge:

"Edward Doyle, Sr., had only two children: A son, Edward, who died about a year before the old gentleman. This son married, and lived with the old gentleman on a farm in Muskego for something like fifteen or twenty years after he married. He reared a family on that farm--a family of children--three of whom are plaintiffs in this action. He had an only daughter, Annie Welch, who married early, and went to live in Milwaukee. For a short period she lived in a small house on the farm with her father,--on the farm belonging to her father,--with her husband. It seems when the son died the old gentleman wanted the widow to continue living on the farm with him, and she, not willing to do so, said she could not get along with the old man, and she wanted to go to Milwaukee and live in her own house, or live there, at least. The old gentleman, then, having no other place to go, went to live with his daughter, Annie. About ten months after that he died, being afflicted with a cancer, which grew gradually worse. The old gentleman was seventy-six years of age, feeble, and, even before he made the deed, his disease was pronounced fatal, and it was only a question of time when he would be taken away.

"While he lived on the farm, and while his son, Edward, was living, his expressions to other people, whenever he spoke of Edward, Jr., were kindly towards Edward having the property, and he would not even let Annie Welch's husband have a little piece of ground that they might occupy a small house...