Hickey v. ANDERSON

Ethridge, C.

Appellant undertakes to set aside a deed executed by an elderly lady to the three appellees, with whom she was living, and one of whom is her niece, on the grounds of fraud and undue influence in the procurement resulting from a fiduciary relationship between the grantor and the appellees. There is also involved a question of the admissibility of certain testimony and evidence excluded by the trial court.

Mrs. Rosa Ann Burns, in 1943, had been living in Columbus, Mississippi, for many years. She was about 77 years of age. Her husband had died a number of years before and had left…