Same - Continuance Of Presumption

The presumption of undue influence from the parental or quasi parental relation does not cease as soon as the child becomes of age and is emancipated in law. His judgment must also be .emancipated. The confidential relation and consequent presumption of undue influence continues until the child is entirely released from any sort of control;56 and the same principle applies to the relation of guardian and ward and the other confidential relations.57

331, 2 Am. St. Rep. 357; Long v. Mulford, 17 Ohio St. 484, 93 Am. Dec. 638: Leighton v. Orr, 44 Iowa, 679; Hfiydock v. Haydock's Ex'rs, 34 N. J. Eq. 570. 38 Am. Rep. 385; McCormick v. Malin, 5 Blackf. (Ind.) 509; Todd v. Grove, 33 Md. 188; Cherbonnier v. Evitts, 56 Md. 276; Hansen v. Berthelsen, 19 Neb. 433, 27 N. W. 423; McClure v. Lewis, 72 Mo. 314; Williams v. Collins, 67 Iowa, 413, 25 N. W. 682; Hanna v. Wilcox, 53 Iowa, 547, 5 N. W. 717; Reed v. Peterson, 91 I11. 288; Norris v. Tayloe, 49 I11. 17, 95 Am. Dec. 568; Courtney v. Blackwell, 150 Mo. 245, 51 S. W. 668. See "Contracts," Dec. Dig. (Key-No.) § 96; Cent. Dig. §§ 441, 1169.

55 Smith v. Kay, 7 H. L. Cas. 750, 779. See, also, Knott v. Tidyman, 86 Wis. 164, 56 N. W. 632. See "Contracts," Dec. Dig. (Key-No.) § 96; Cent. Dig. §§ 441, 1169.

56 Archer v. Hudson, 7 Beav. 560; Asbton v. Thompson, 32 Minn. 25, 18 N. W. 918; Noble's Adm'r v. Moses, 81 Ala. 530, 1 South. 217, 60 Am. Rep. 175; Miller v. Simonds, 72 Mo. 669; White v. Ross, 160 I11. 56, 43 N. E. 336. See "Contracts," Dec. Dig. (Key-No.) § 96; Cent. Dig. §§ 441, 1169; "Parent and Child," Dec. Dig. (Key-No.) § 9; Cent. Dig. §§ 74, 111-135.

57 McPARLAND v. LARKIN, 155 I11. 84, 39 N. E. 609, Throckmorton Cas. Contracts, 212; Rhodes v. Bates, L, R. 1 Ch. 252; Mitchell v. Homfray, 8 Q: B. Div. 587. See "Guardian and Ward," Dec. Dig. (Key-No.) § 69; Cent. Dig. §§ 261, 305-307.

Same - Rebuttal Of Presumption

Where a presumption of undue influence exists by reason of the relations of the parties, it has been said that to render the transaction valid it is only necessary to show that the other party had competent and disinterested advice, or that he performed the act or entered into the transaction voluntarily, deliberately, and advisedly, knowing- its nature and effect, and that his consent was not obtained by reason of the power and influence to which the relation might be supposed to give rise." 58