8 FEDERAL REPORTER. `
A mental weakness arising from intoxication shows that the grantor had periods
.. of sobriety in which he was able to attend to business, and fails to show that
he was intoxicated at the time the conveyance was made, it is not sufficient to
avoid the transaction, although it appears that the grantor was a hard drinker,
and that habits of intoxication had affected his health and frequently rendered
_ him unfit for business. _
3. Oonrrnaurrsn RELA'FlONS—GIFT sr Pnrucirn. T0 Aonur.
A gift by a principal to an agent is valid, unless the party who seeks to set
it aside can show that some advantage was taken by the agent of the relation
., in which he stood to the donor, If it appears that the conduct of the agent is
fair, honest, and bonajide, it is immaterial that the deed of gift may have been
' drawn up by his solicitor without the intervention of a third party. · r
In Equity.
. Lanier ce Anderson and W. Dessau, for complainant.
» ,Bacon. d Rutherford and Hill it Harris, for defendant.
Swann, J. The complainant, Ida Ralston, a citizen of the state of
New York, prefers her bill against George B. Turpin, as trustee of
his children; against William O., Frank M., George B., and Walter
H., the children of said George B. Turpin, the cestuis que trust, all of
whom reside within this jurisdiction. The object of the bill is to
have canceled certain deeds of gift made to the respondents by James
A. Ralston, who was husband of complainant, to recover the premises
conveyed. bythe deeds, and for the rents, etc. The property involved
consists of hve business houses, with the lots upon which they are
situate, on Cherry street, in the city of Macon, known as the Ralston
Hall property. The value is between forty and fifty thousand dol-
lars. James A. Ralston, Jr., died on the fourth day of July, 1883. \
He had inherited from his parents a. very valuable estate, consisting
largely of city property in Macon. The bill alleges that James A.
Ralston, Jr., had not attained his majority at the time he became the
owner of this estate, and that at the September term, 1867, of the A
Court of Ordinary of Bibb county, the respondent, George B. Turpin,
was appointed his guardian, having been selected as such by Ralston.
In the month of March, 1870, the mother of James A. Ralston, Jr.,
Mrs. Aurelia L., who, in the mean time, had married Dr. Nathan
Bozeman, made l1er will, ·in which she bequeathed to James A. Ralston,
‘ Jr., a large estate, and named George B. Turpin as one of the exec-
utors. Turpin qualihed, and acted in both capacities. The bill
charges that Turpin "ingratiated" himself in the confidence of Mrs.
Bozeman, and acquired a large influence over young Ralston, who,
_ it is alleged, had little capacity for the affairs of business. Ralston
became 21 years of age in 1869; Turpin very soon thereafter made his
final settlement as guardian, i. e., on the third day of May, 1869, and
delivered to Ralston his entire estate, and took his receipt therefor.
Turpin, who was a real estate agent, in partnership with J. Monroe
Ogden, continued to manage the estate of young Ralston, which con-
· sisted almost entirely of the business houses in Macon.
James A. Ralston, Jr., was an extravagant, dissipated, and disso-
lute man, and Turpin, it is charged, acquired undue influence with