Peacock v. Dubois

Summary

The Florida Supreme Court reviews a decree canceling a deed conveying a deceased woman's home to a young boarder shortly before her death. The court holds that the circumstances supported a finding of undue influence and that the appellant failed to show the transaction was bona fide. The decree in favor of the woman's children is affirmed.

Holdings

1. The court would not consider the challenge to the sufficiency of the amended bill because Peacock did not test the pleading by demurrer or other appropriate pleading in the trial court.
2. A decree based largely or solely on questions of fact will not be disturbed unless clearly erroneous.
3. Undue influence sufficient to invalidate a deed exists when the grantor's free agency is destroyed and the act becomes the product of another person's will rather than the grantor's own will. The circumstances of this transaction created a duty for Peacock to show that it was bona fide and not obtained through undue influence, and his evidence was inadequate; therefore, cancellation of the deed was proper.
4. The common-law doctrine of gift causa mortis does not extend to real estate in Florida; accordingly, the court declined to address the prerequisites of such a gift.

Questions Presented

1. Whether the amended bill sufficiently alleged fraud and undue influence.
2. Whether the evidence was sufficient to sustain the chancellor's decree canceling the deed for fraud and undue influence.
3. Whether the transaction was presumed to have been obtained by undue influence and, if so, whether Peacock produced sufficient evidence that it was bona fide and free from undue influence.

Disposition

affirmed