Marcum v. Marcum

Neely, Chief Justice:

In July of 1976, E. L. Marcum and certain of his brothers and sisters, all children of Wallace 0. Marcum, Sr. by his first marriage, filed a complaint in the Circuit Court of Wayne County naming Wallace 0. Marcum as the defendant. That complaint alleged Wallace O. Marcum had used undue influence to procure a series of deeds conveying certain tracts of land in Wayne County from Wallace 0. Marcum, Sr. to Wallace 0. Marcum. The complaint alleged these deeds were not executed by Wallace O. Marcum, Sr. of his own volition because he was incompetent at the time. The complaint…