Osborn v. Coverdale

The opinion of the court was delivered by

Dawson, J.:

This was an action to set aside a deed and bill of sale executed by an aged widow in favor of her two stepsons. It was begun by the grantor’s brother, Cyrus Osborn, as her next friend. The petition alleged that the grantor was incompetent and that the execution of the instruments was effected by undue influence. While the cause was pending on appeal the grantor died, and the action was revived and prosecuted by her next of kin.

In 1895 one J. A. Coverdale owned a farm in Clark county. He was then a widower 39 years old. He had three young…