T. W. Vineyard v. Steve Vineyard Et Al.
MO.527 , 409 S.W.2d 712 (1966)
-
- 0,99 €
-
- 0,99 €
Publisher Description
On October 4, 1963, Sarah Margaret Vineyard (hereinafter called Margaret) executed five warranty deeds by which she conveyed
to certain of her relatives the five separate parcels of real estate owned by her. She reserved a life estate in each of those
properties. Margaret was adJudged incompetent on October 22, 1964, and a brother, T. W. Vineyard, was appointed her guardian.
The guardian thereafter filed this suit in which he sought to set aside three of the aforementioned deeds, alleging that Margaret
executed the deeds as the result of undue influence exercised by defendants at a time when she did not have sufficient mental
capacity to make said deeds. A trial resulted in a judgment for defendants and plaintiff duly appealed. Prior to the submission
in this court Margaret died, and appropriate parties have been substituted as plaintiffs-appellants in place of the guardian.
We will continue to refer to the guardian as plaintiff. The five deeds executed by Margaret all conveyed property in or near Dixon, Missouri. In the three deeds here involved, "the
home place" was conveyed to her niece, Myrtle Williams and husband Virgil, the "Raines house" to her nephew Charles Vineyard
and his wife Grace, and the "flat-top house" to her brother Steve Vineyard and his wife Belle. At the same time, the "apartment
house" was conveyed to her brother Jesse and his wife Edna, and the "acreage land" to her brother, plaintiff T. W. Vineyard.
This suit did not seek to set aside the deeds to Jesse and T. W.