Cecil v. Smith

COLLEY, Justice.

In this case, plaintiff/appellant Mildred Cecil (hereinafter Cecil) seeks to set aside a warranty deed that was allegedly delivered by her mother, Martha L. Wisdom (hereinafter called Decedent), to her brother, defendant/appellee Charles Madison Smith (hereinafter Smith). Smith, as independent executor of the estate of Decedent, seeks to recover possession for the estate of funds alleged to be wrongfully held by Cecil.

It is appropriate to explain for the reader the procedural posture of this case.

Decedent died testate on May 7, 1985. Her will, admitted to probate and record by…