Schmidt v. Feikert

Hannon, Judge.

INTRODUCTION

Elena F. Schmidt appeals the trial court’s denial of her petition to set aside a deed conveying real estate from a trust, of which Elena is a beneficiary, to her brother-in-law and sister, Merlin C. Feikert and Janene M. Feikert. In this appeal, Elena maintains the trial court erred in determining that the deed was delivered with intent to transfer the property. We find that the deed was not delivered in the legal sense and therefore must be set aside as void and ineffective. Accordingly, we reverse, and remand with directions to enter a decree canceling the deed in…