Kashouty v. Deep

EDGERTON, Associate Justice.

This is an appeal from a judgment which avoids a deed of real property. The suit was brought by the appellees, who were heirs of the grantor, Fannie Deep, deceased, and were also the chief beneficiaries of her will. The defendant, appellant Ka-shouty, a nephew of Mrs. Deep, was the grantee in the deed. The trial court found that he procured the deed by undue influence.

The majority of the court think the evidence shows, not undue influence, but merely that the deceased was an elderly woman, who lived in appellant’s home, and that appellant and his family were kind…