Stege v. Stege's Trustee, (1930)
Court: Court of Appeals of Kentucky (pre-1976)
Number:
Visitors: 25
Judges: OPINION OF THE COURT BY COMMISSIONER STANLEY
Attorneys: DAVID A. McCANDLESS, MORTON K. YONTS and EUGENE HUBBARD for appellants.
HUMPHREY, CRAWFORD MIDDLETON for appellees.
Filed: Dec. 19, 1930
Latest Update: Mar. 02, 2020
Summary: Reversing. This is a suit by four of the children of Mrs. Elizabeth Stege, deceased, to set aside a deed to her grandsons. It is based upon allegations of mental incapacity and undue influence. Questions of fact are primarily involved, for it is elementary law that capacity — legal and mental — of the parties is a necessary and constituent element of a simple contract, as well as of a valid testamentary disposition of property; also that there must be voluntary and complete assent of one so capa
Summary: Reversing. This is a suit by four of the children of Mrs. Elizabeth Stege, deceased, to set aside a deed to her grandsons. It is based upon allegations of mental incapacity and undue influence. Questions of fact are primarily involved, for it is elementary law that capacity — legal and mental — of the parties is a necessary and constituent element of a simple contract, as well as of a valid testamentary disposition of property; also that there must be voluntary and complete assent of one so capac..
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I am unable to concur with the court in a reversal of the judgment upholding the deed made by Mrs. Stege to her grandsons. Her capacity to make the deed is substantially conceded, and the evidence that is said to show undue influence, fully stated in the opinion, does not convince me that the chancellor was not correct in his conclusions. The question involved is one of fact and an elaboration of my views would serve no useful purpose. For that reason I am content merely to declare my dissent from the decision.
Source: CourtListener
