Hanson v. Harding

In this appeal, we consider whether the parties challenging a deed produced sufficient evidence to invalidate the instrument based on fraud in its procurement or on a failure of delivery.

On August 22, 1989, Floyd M. Diehl, a widower, signed a deed of gift conveying his residence and property to one of his daughters, Frances D. Hanson. At the time he executed the deed, Diehl was 94 years old and had been a patient in a nursing home for approximately two months. Hanson did not record the deed until after her father’s death on May 6, 1990. Diehl died intestate.

Diehl had three other surviving…