G. Grant Sims v. Mitchell M. George Et Al.
UT.49 , 466 P.2d 831, 24 Utah 2d 102 (1970)
Supreme Court Of Utah
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
CROCKETT, Chief Justice. G. Grant Sims, as executor of the estate of his father, George A. Sims, seeks to recover about $45,000 worth of corporate
stocks which the defendants, Mitchell George, claims were given to him by the father prior to his death. In support of his
contention that there was no valid gift the plaintiff charges that his father, George A. Sims, was incompetent at the time
he delivered the stocks to the defendant; and that they were obtained by fraud, duress, and undue influence practiced upon
him. A jury found the issues for the defendant. Upon this appeal plaintiff jargues that the jury failed to give proper weight
and consideration to the evidence and to the court's instructions as to the requirements necessary to make out a valid gift;
and particularly, the requirement as to the mental capacity of the donor.