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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 368   View pdf image (33K)
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-368 COLEGATE D. OWINGS' CASE.—1 BLAND.

all his property, leaving himself to be fed and clothed at the plea-
sure of the grantee. In all these, and many other similar cases,
the weakness of mind of the party, who was not altogether non
compos mentis, has been taken into account with the other cir-
cumstances to make up that amount of imposition and fraud which
was considered as a sufficient ground for relief. White v. Small,
2 Chan. Ca. 103; Portengton v. Eylington, 2 Vern. 189; Clarkson
v. Hanway, 2 P. Will 204; Donegal's Case, 2 Ves. 408; Bridg-
man v. Green, 2 Ves. 627; Rennet v. Fade, 2 Afk. 324; Norton v.
Relly, 2 Eden, 286; Wright v. Proud, 13 Ves. 136; Huguenin v.
Basely, 14 Ves. 273; Harrey v. Pecks, 1 Mun. 51S; Rutherford v.
Rufff, 4 Desnu. 350; Rowland v. Sullivan, 4 Dexau. 518: Brogden
v. Walker, 2 H. & J. 285; Gibsore v. Jeyes, 6 Fes. 275.

This plaintiff, it appears, has until the latter years of her long
life enjoyed a full share of sound well regulated mental capacity.
But when this suit was instituted she had advanced beyond the
* eighty-fourth year of her age; and upon a short interview
393 which I had with her, after the commencement of this suit,
it appeared that her age was attended with at least its ordinary
infirmities. Some of the most skillful of the witnesses after a short
visit, which they made to her, say, that they observed in her men-
tal powers a slower comprehension and a diminished power of
associating her ideas, which is common to old age. Other wit-
nesses represent her mind as then in a state of absolute dotage; in
a condition ol feebleness reduced much below that degree of power
necessary to a sensible disposition of her property. And the de-
fendant admits, that the plaintiff was then so enfeebled by age
and its consequent infirmities, that her mind was exposed to the
exercise of very undue influence by those about her. From the very
nature of this mental infirmity, it is evident, that its then exist-
ence is, in itself, proof of its having commenced some time before.
The transition from soundness of mind to delirium, or lunacy, may
be very rapid or instantaneous; but dotage is a slow decay, the
external signs of which do not appear until after it has been going
on for some time. The proofs clearly establish the fact, that the
plaintiff is now in a state of dotage. But its perceivable com-
mencement has not been so well ascertained. Two of the wit-
nesses speak of its having been observable so much as about eight
years ago. It is certain, however, that her dotage commenced
some years before the institution of this suit. The proofs, in rela-
tion to the plaintiff's conduct, also exhibit some instances of the
milder forms of lunacy. The plaintiff's account of a hurt she had
lately sustained, ascribing it to her falling in a race she ran; the
particulars she related of her visit to Annapolis; and some other
circumstances, are evidences of that species of incongruous asso-
ciation and misguided direction of the mind so peculiarly charac-
teristic of lunacy. Such is the sum and substance of the testi-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 368   View pdf image (33K)
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