Mary Bell v. Susan Armistead. Jury Instructions

 

1st

If the Jury believe from the evidence that Robert Armistead was at the time of executing the said deed of Manumission of unsound mind, then the same is not his deed & the Petitioner is not entitled to recover.

refused. J.D. contra 6. Decr 1847 & excepted to

 

3d

If the Jury believe from the evidence that the deed in question was procured to be executed by Robert Armistead, he being by undue influence, if circumvention and without consideration & that the Lawe was to the disadvantage of his family & shall further find that he was at the time a paralytic man or of a very weak and feeble mind then the said deed is not his deed & the Petitioner is not entitled to recover.

Refused, J.D. contra. 6. Decr 1847 & excepted to

 

4

But if the Jury find that the said Robert Armistead at the time of Executing the said deed had that degree of capacity mentioned on the first distinction above given then and unless the Jury shall find that the deed was procured by undue influence or fraud, such as described in the first instructions given by the Court to the Jury it is not material the facts if for and as the Jury that the said Robert Armistead was a person of weak & feeble mind, and that the said deed was Executed by him at the Alms House, away from and out of the presence of his friends and family and without their knowledge are not sufficient to avoid the said deed.

refused. J.S.M. doubting dissenting 6. Decr 1847

Excepted to by Petitioner, both to the granting of the prayer & the refusal to grant the qualification This is the qualification to the 2nd prayer