Millspaugh v. Millspaugh

OPINION

In this appeal, Jean V. Millspaugh contends the district court erroneously granted a motion to dismiss her complaint to cancel a deed. We agree.

Respondents Gregory Lowell Millspaugh and Michelle Ann Millspaugh are the son and daughter of appellant, a widow. In 1971, appellant asked Gregory to prepare a document which would convey her house to her children upon her death. It was her intention that she would remain the sole owner of the house until then. Gregory, however, presented appellant with a deed which conveyed present interests in the house to her and respondents as joint…