Beavers v. Weatherly

Clarke, Justice.

This case involves the validity of a deed when the grantor has been adjudicated an incompetent and then executes the deed to her guardian in his individual capacity. . We must also decide the rights of a party who took a deed executed by the guardian as an individual.

We hold the deeds executed by the incompetent to be void. Consequently, the deed from the guardian conveys no title. The subsequent grantee is not entitled to restitution from the estate of the incompetent, but may be entitled to recover the value of improvements he made on the premises to the extent that the…