McLeod v. McLeod

• Decision Date: 21 April 1903
• Citation: McLeod v. McLeod, 137 Ala. 267, 34 So. 228 (Ala. 1903)
• Parties: MCLEOD ET AL. v. MCLEOD.
• Court: Alabama Supreme Court

34 So. 228

137 Ala. 267

MCLEOD ET AL. v. MCLEOD.

Supreme Court of Alabama

April 21, 1903

Appeal from Chancery Court, Barbour County; W. L. Parks, Chancellor.

Suit by William McLeod against Sallie E. McLeod, as administratrix etc., of the estate of James C. McLeod, deceased, and others. From a decree overruling demurrers to the bill, defendants appeal. Affirmed.

It was averred in the bill that William McLeod was the father of James C. McLeod, deceased, and also of the defendants; that James C. McLeod was murdered on the public highway, and left an estate of considerable value; that, being the father of James C. McLeod, the complainant was entitled as heir to one-half of his said estate, and was entitled to become the administrator thereof; that the complainant was 77 years old and of weak mind; that there was a streak of insanity in his family, several members of his family having died insane, and he had become mentally weak by reason of continued sickness that the respondents had been estranged from the complainant prior to the death of James C. McLeod on account of the second marriage of the complainant, and this estrangement amounted to a total separation by the respondents from the complainant; that immediately following the death of said James C. McLeod, Sallie E. McLeod and his two other daughters, who were respondents to the bill, pretended that they desired a reconciliation, and asked to be restored to their places in the affections of the complainant, and made many overtures and demonstrations of love for the complainant; that at this time the complainant's mind was impaired and weak by reason of the great excitement attending the sudden and tragic death of his son, Jas. C. McLeod; that by reason of the great mental weakness of the complainant and by reason of the undue influence exerted by the respondents as aforesaid, they induced the complainant to execute and deliver to the said Sallie E. McLeod a paper writing, whereby he sold and relinquished his entire interest in the estate of his son, and relinquished his right to administer on said estate for a consideration of $300; that the value of the estate of Jas. C. McLeod, deceased, was $20,000, and by reason of the undue influence exerted upon the complainant while in a weak mental condition he, in executing said writing, conveyed his interest, valued at $10,000, to the respondent Sallie E. McLeod for the sum of $300. The complainant, in...