Bastin v. Smith

STEWART, Chief Justice.

This action was instituted below to set aside a gift inte’r vivos on grounds of mental incapacity and undue influence. At the conclusion of appellant’s evidence the trial judge directed a verdict in favor of ap-pellee, Stella Smith. The sole ground urged for reversal is there was a bona fide question of fact for the jury’s determination on the mental capacity of the donor to make the gift.

On May T9, 1950, George F. Clark, now-deceased, in company with appellee, Stella Smith, his daughter, went to the Citizens National. Bank of Somerset and transferred his entire bank…