Scramlin v. Warner

Cochran, J. †

Frank and Anna Erickson were husband and wife and resided on a 5-acre tract of land near Kirkland. Anna Erickson died intestate in 1937, leaving seven children, all of whom were of the age of majority, thus making the surviving spouse and his children tenants in common of the property. Mr. Erickson wanted to live in the home, but, being over 80 years old, he needed someone to help care for him; however, his children were either unable or unwilling to do so. Mr. Erickson offered to deed the property to Walter Warner and his wife, Verda Warner, if they would care for him. Walter…