Evans v. Bottomlee

Browning, Judge:

Plaintiffs, three sisters and heirs-at-law of Mrs. Pearl Hamb, who died intestate on June 20, 1964, brought this action in the Circuit Court of Kanawha County to cancel and declare null and void a certain deed from Pearl Hamb to the defendant, Jane Wells Bottomlee, a niece and heir-at-law of Mrs. Hamb. The deed in question, dated March 2, 1964, and purporting to convey all of Mrs. Hamb’s real property in the town of Marmet, West Virginia, to the defendant, is alleged to be invalid on the grounds of: lack of execution or delivery; mental incapacity of the grantor; and, the…