Bartlett v. Whidden

The plaintiff administrator seeks to set aside a deed from his intestate, Floy Barker, to the defendant on the grounds of undue influence and Floy Barker’s mental incapacity to effectively convey his property. The trial court found for the defendant and plaintiff appeals.

In 1965 Floy Barker was 90 years of age. He had a home and about $6,000 in a bank account. The plaintiff Bartlett lived next door to Barker and they were good neighbors. Barker’s wife died in November 1965. After her death the Bartletts performed many acts of kindness for Mr. Barker. On December 20, 1965, Barker executed a…