Legal Opinion · Dissent

Brown v. Weik

Court of Appeals of Tennessee

Decided February 11, 1985Published

1DissentHighers, Judge

Because the majority opinion does not satisfactorily deal with the effect of weak*948ness of mind upon donative intent, I must respectfully dissent.

It is undisputed that the plaintiff suffered a stroke on September 15, 1979, and less than three weeks thereafter conveyed the property in question to the defendants. The defendants employed the surveyor, talked with the lawyer who prepared the deed, transported the elderly plaintiff to the lawyer’s office for execution of the deed, and immediately recorded the deed at the Register’s Office. At the lawyer’s office the plaintiff was physically unable…

2Cases cited3 opinions

  1. Collins v. BaxterSupreme Court of Alabama · 1935
  2. Pamplin v. SatterfieldTennessee Supreme Court · 1954
  3. First National Bank v. HowardCourt of Appeals of Tennessee · 1957

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