Pogge v. Neiderer (In re Neiderer)

*418 OPINION

LARRY L. LESSEN, Bankruptcy Judge.

Before the Court is Plaintiffs’ Complaint to Quiet Title and Defendant’s Answer thereto. The question of fact in this case is whether William A. Neiderer died owning a certain 100-acre tract of land or whether a completed gift of the 100 acres was made to and accepted by the Defendant prior to William A. Neiderer’s death.

In 1936, William A. Neiderer (“Bill”) purchased a farm in rural Mason County, Illinois. The farm consisted of two tracts of land, totalling approximately 140 acres: (i) approximately 100 acres (including the home and outbuildings) in…