Deakle v. Childs

On Application for Rehearing

The opinion of this court issued on January 27, 2006, is withdrawn, and the following is substituted therefor.

In July 2000 Myrtle Gray Smith sued Brigitte Deakle and her daughter, Victoria Ursula Brown, alleging fraud and seeking to set aside a conveyance of real property. Smith alleged that in February 2000 Deakle, Smith's long-term caregiver, had fraudulently induced her to convey to Deakle and Brown, as joint tenants with the right of survivorship, a remainder interest in the real property upon which Smith's residence was located by representing that, unless…