Holcomb v. Brashears

SIMS, Justice.

This is an appeal from a judgment of the Wolfe Circuit Court dismissing appellant’s petition in an action to set aside a deed, on the ground of lack of mental capacity and undue influence, which Mrs. Letha Swango had executed to her nephew, Robert Bra-shears.

Mrs. Swango, a widow with no children, lived alone on her farm of 75 acres in Wolfe County. When she reached the age of 87 it became necessary for some one to stay with and care for her. Appellant, Carson Holcomb, a great-nephew, moved into the house with her in 1935 and agreed to care for her and operate the farm. In 1936…