Hutcherson v. Hutcherson's Ex'x

Clay, Commissioner

Affirming.

In this settlement suit the guardian of certain infants attacks a deed made by the testator shortly before his death. It is claimed this instrument was executed at a time when the grantor was of unsound mind and was unduly influenced. The question of mental incapacity was submitted to a jury on an issue out of chancery, and the conveyance was upheld.

The testator-grantor had three children. The infants on whose behalf this appeal is taken are the children of a deceased son. The principal appellees are his two daughters. About a month before he died in August 1947,…