Taylor v. Godsey

Appellants, Newman O. Taylor and his wife, Lucy C. Taylor, appeal from a judgment setting aside a deed made to them by Ellafair Hamby, Mrs. Taylor's sister. We reverse and remand.

On August 1, 1972, Ellafair Hamby executed a warranty deed to appellants conveying a 55-acre home place. On that same date, she executed a will devising an 80-acre tract of land to Mrs. Trannie Donaldson, a sister to Mrs. Taylor and Mrs. Hamby. (There is testimony to the effect that Mrs. Hamby wished to thus divide her lands between her only two sisters.) The two instruments were executed and acknowledged in the…