Kent v. Davis

<p>An equitable petition alleging that the plaintiffs therein are the only heii's-at-law of their deceased father, who died intestate; that his estate owes no debts; that there has been no administration thereon; that they are all of lawful age; that one of the defendants who was a brother of the deceased, in the lifetime of the latter, by fraud and undue influence, and by making false and fraudulent promises to support the deceased, which were not kept, all of which are sufficiently set forth in the petition, induced the deceased, at a time when he was mentally and physically incapable of transacting business, to convey to such brother the whole or file greater part of his property, consisting of real estate and personalty; that such brother conveyed the realty to another defendant who had notice of the fraud; and praying a cancellation of these conveyances and an accounting by the brother for the personalty received by him, may be maintained; the court having the power, if in its discretion deemed necessary, to require plaintiffs, in the event they should recover for the personalty, to give bond indemnifying the brother from any loss to which he maybe subjected in consequence of any recovery against him by an administrator of the deceased hereafter appointed, if any, at the instance of a creditor or creditors.</p>