Horner v. Horner

JOHNSON, Judge:

In this appeal, we address the level of mental capacity required of a living donor to execute a gift of real estate. We conclude that sufficient capacity is shown where the donor demonstrates an intelligent perception and understanding of the dispositions made of property and the persons and objects he desires shall be the recipients of his bounty. Because we find, in this case, that the trial court applied an erroneous measure of capacity, we reverse and remand for further proceedings consistent with this Opinion.

This case arises out of a contest amongst family members over…