Gruetzmacher v. Hainey

WELBORN, Commissioner.

This is an action to set aside a deed for undue influence, forgery and lack of mental capacity of the grantor. The trial court found that the grantor lacked “sufficient physical or mental capacity” to execute the deed and ordered it set aside. This appeal is from that judgment. Because title to real estate is involved, we have jurisdiction.

Mabelle Elizabeth Gruetzmacher and her husband, Gustav, owned, as tenants by the entirety, property at 8239 Glen Echo Drive in St. Louis County. They lived in a two-story house built by them at that location in 1938. They had one…