Brothers v. Adams

The opinion of the court was delivered by

Smith, J.:

This was an action to set aside assignments of personal property on account of mental incapacity of, and undue influence and fraud exercised upon, the assignor. Judgment was for the plaintiffs. Defendants appeal.

The action was instituted by Ira Brothers. In his petition he alleged that he was the sole heir at law of his deceased wife, Effle Brothers, who died September 1, 1938; that the defendant, Otto Adams, was not in any way related to plaintiff or his deceased wife; that plaintiff and his wife were married September 9, 1929, and had lived…