12 FEDERAL REPORTER.
` Coxm, J. This is a suit in equity to set aside a deed executed by the
.. plaintiff to the defendant, on the ground of fraud and undue infiuence,
and because of confidential relations existing between the parties. The
‘ plaintiff, her sister, and the children of a deceased brother, were, on the
sixteenth of December, 1884, the day the deed was executed, entitled
each to an undivided one-third interest in a farm situated in North Salem,
‘ Westchester county, New York. This farm had been the property of
John. J. June, another brother, who died in February, 1884, leaving a
will by virtue of which the plaintiff acquired her interest. At the time
of the transaction in question the plaintiff was a maiden lady, 77 years .
of age. Her property consisted in this interest in her brother’s real es-
tate, an unliquidated claim against his estate of about $8,000, and $1,500
· in money. She had no other property or other means of support. The
defendant was an active business man, in the prime of life. He was the
favorite nephew of the plaintiff. For 17 years he had invested what
little money she possessed, and had her unlimited confidence. This is
conceded., :I·t-is by no means easy to arrive at an accurate estimate of
the value of the property conveyed to the defendant. Although the proof
regarding it~is farfrom satisfactory, it is thought that it was worth be-
tween $2,000 and $3,000; probably not far from $2,500., The estate of
John J. June was in a confused and unsettled condition. The personal
property was insufficient to pay the claims against it. The settlement
r of the estate had perplexed and worried the plaintiff and her sister, Mrs.
Margaret J. Willis, the defendant’s mother. The two old ladies had
lived at the homestead_ for many years., They hoped to retain posses-
sion of the farm, to own it, and to spend their remaining days upon it.
To this end their best efforts were directed. Before; it could be accom-
plished, however, it was necessary to purchase the interest of the chil-
dren of their deceased brother, and discharge other incumbrances upon
the place. This required the command of, at least, $2,000 ready money.
How to procure this sum was the problem which confronted and annoyed
them.
The plaintiff is and was possessed of a perfectly sound mind. She is
_ a woman of intelligence, but at the time in question she was feeble in
body. She complained frequently of headache, and was worried and
nervous about the settlement of the estate. In these circumstances she ,
sought the defendant for counsel and advice. As a result. of several in-
terviews with him, she went, in his company, to White Plains, and
signed the deed in question. She testifies that in these interviews he
promised to take the place of a lawyer, and act for her as her adviser and
friend, but said that it would be impossible to do so intelligently with-
r out some written authority from her; that when she signed the deed she
supposed it was simply a power of attorney; that she had no idea that
she was making an absolute conveyance.
After a careful examination of the testimony, the conviction cannot be
resisted that her contention in this regard is true; that it was not her in-
tention to vest irrevocably in the defendant the title to her property.
- That a woman nearly 80 years of age, dependent- for her support upon