Jackson v. Henninger

SHANNON, Justice.

This appeal concerns a suit in the District Court of Travis County to set aside deeds to a 36.7 acre homestead upon the basis that the grantors lacked mental capacity to convey the land. Upon trial to the court, judgment was entered setting aside those deeds. We will affirm that judgment.

A factual resume follows. On April 3, 1969, and for some years previous, Rudy Henninger and his wife, Pearl, were owners of the 36.7 acre tract situated in Travis County. By that date the Henningers were over sixty-five years of age and, because of ill health, were living in the Monte Siesta…