Deweese v. Arnett

CULLEN, Commissioner.

Appellants, children of Dean Arnett, deceased, by his second wife, brought this action seeking a declaration of invalidity of a deed executed by Arnett in 1914 to his first wife, long since deceased, and to his children by her (the appellees). The grounds of attack were that the deed had never been delivered and that even if delivered it was testamentary in character and not valid because not executed with the formalities required of a will. The circuit court entered judgment holding the deed valid, from which judgment we have this appeal.

There was positive testimony that…