Millwee v. Wilburn

Tom Glaze, Judge.

Appellant filed a suit to cancel a deed and bill of sale executed by the deceased, Ms. Homa McClinton, to the appellees, Charles Wilburn and Leona Wilburn, his wife. The bases of the suit included allegations of Ms. McClinton’s mental incapacity, undue influence and overreaching by Charles Wilburn and inadequate consideration paid by appellees. The chancellor dismissed appellant’s complaint for want of equity. The primary issue on appeal is whether the chancellor’s findings are clearly against the preponderance of the evidence. We find they are not and affirm.

Charles Wilburn…