Rodgers v. Hendrickson

SIMS, Judge.

This action was brought by appellees, the sons of Mrs. Eliza J. Kerns, joined by their wives, against their sister, Villa Rodgers and her husband, W. L. Rodgers, to set aside a deed Mrs. Kerns had executed to Villa, her only daughter. The instrument was attacked on three grounds: 1. Mental incapacity; 2. undue influence; 3. there was no delivery of the deed. The case was tried before the judge without a jury. He held there was not sufficient evidence to establish mental incapacity or undue influence, but found there was no delivery of the deed and for that reason set it aside. On…