Eslick v. Montgomery

The plaintiffs, adult children of Dolly Montgomery, now deceased, sued to set aside their mother’s conveyance, in her 81st year, of her farm to herself and defendant, her other surviving adult child in joint tenancy. (Lois Lichty is named a defendant solely as the intermediate nominee in the conveyance.) The trial court, in a bench trial, found that the plaintiffs had not sustained the burden of proving that Dolly Montgomery was either incompetent at the time she signed the conveyance to the nominee, or under the undue influence or duress of the defendant. The court entered judgment for the…