Hessen v. Sapp

The opinion of the court was delivered by

MASON, J.:

On March 6, 1914, Samuel Culbertson, being then seventy-eight years of age, executed a deed to a quarter-section of land in Allen county to his sister, Rebecca Sapp, in consideration of her agreement, inserted, in the deed, to care for him during the remainder of his life. He died on the 28th of the following June. Some of his heirs brought an action against her (and other defendants) to have the conveyance set aside on account of want of capacity and undue influence. They recovered a judgment from which she appeals.

Findings were made by the…