Spaunhorst v. Spaunhorst

DOWD, Judge.

Appeal from judgment which set aside a general warranty deed of Rose S. Spaun-horst (hereinafter grantor) to her seven grandchildren on the ground that the grant- or lacked mental capacity to execute the deed. Defendants-appellants contend the judgment should be reversed on the following grounds:

1) The trial court erred in failing to sustain defendants’ motion to dismiss for plaintiff’s failure to properly substitute parties; 2) No clear, cogent and convincing evidence was offered to show that the grantor was incompetent at the time she executed the deed; 3) The trial court erred…