Broeker v. Day

Frost, District Judge.

This is a suit by appellants, plaintiffs below, to cancel inter vivos gifts by deeds on the ground of mental incompetency of the grantor and undue influence of the grantees. The appellants are some of the heirs of the donor, Posey Day, while the appellees are the son of the donor and the son’s wife, with whom the donor lived at the time of making the conveyances, which admittedly were made without any pecuniary consideration.

One of the conveyances which it is sought to set aside was made by the donor to his two sons, Samuel and Bert, by deed dated November 16, 1928,…