Owens v. Breeden

OPINION

FRANKS, Judge.

In this action to set aside a deed to real property from deceased to the defendant, his youngest son, the trial judge voided the deed and ordered $5,000.00 from a certificate of deposit returned to the estate by defendant.

Defendant appeals, insisting that he exerted no undue influence on his father in the transactions.

The trial judge, sitting without a jury, made findings of fact which are in accord with the evidence and we adopt in pertinent part:

The proof in this case indicated that the defendant, Alfred Breeden, had been controlling the decedent’s financial affairs…