(DOWNLOAD) "Small, Adm'r v. Nelson" by Kennebec Supreme Court of Maine # Book PDF Kindle ePub Free
eBook details
- Title: Small, Adm'r v. Nelson
- Author : Kennebec Supreme Court of Maine
- Release Date : January 27, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This is an action of general assumpsit brought by Winfield G. Small as administrator of the estate of John Small, late of China, Maine, deceased, to recover moneys belonging to the intestate which, in his lifetime, came into the possession of Clara Nelson and were appropriated to her own use. The declaration is, in form, a count in indebitatus assumpsit with specifications alleging that the moneys were fraudulently obtained by undue influence. The plea is the general issue with specifications that all of the moneys which came into the defendant's possession, and were retained by her, were gifts from the intestate. After verdict against her for $938.80, the defendant filed a general motion for a new trial. The transcript of the evidence shows that the decedent, John Small, was a bachelor about ninety years old, who, having lived alone on his farm in China the greater part of his life, sometime in November, 1937, having become enfeebled by age and afflicted with a complication of diseases including a rectal cancer, came to live and end his days in the family of the defendant, Clara Nelson, who was his cousin, had lived with him when she was a child, and with whom through the years he had maintained most friendly relations. Although his next of kin were four nephews and nieces, apparently he was on more intimate terms with and had more affection for his cousin and, when he broke down and could no longer take care of himself, desired and sought her care and attention.