Stege v. Stege's Trustee

Opinion of the Court by

Commissioner Stanley

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 aid 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 capacitated, and, if an assent is: given by reason…