Wise v. Helms

FOSTER, Justice.

The question in this case is whether' these appellants 'have a right to a decree setting aside an instrument in form a deed conveying the land, which was the homestead, by Thomas H. Cain in his lifetime to his wife, Nancy Ann Cain. The claim is' that he did not have mental capacity to make a deed. The instrument contained a clause as follows': “This deed does not”'' take effect until after my death:, then it remains in full force,” •

We cannot agree with appellants’ contention that this is a will. It contains all the formalities of a present conveyance with general warranty,…