McElroy v. Mathews

COIL, Commissioner.

Plaintiff-respondent, administrator of the estate of Cora L. English, deceased, sued to cancel a purported contract between Miss English and defendant-appellant on the ground, among others, that she lacked mental capacity to contract. The trial court found the issues for plaintiff, adjudged the purported contract to be void, and directed defendant to turn over to plaintiff the shares of stock received by him together with the dividends paid thereon. Defendant contends that the judgment is against the weight of the evidence.

Cora English was 90 to 94 years old when she…