Mathews v. Mathews

This is a motion to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action and upon the further ground that the plaintiff does not have the legal capacity to sue.

From the complaint it appears that on or about January 12, 1953, while in an allegedly dazed, distraught and incompetent condition due to the then very recent death of his wife, and then at the age of 76, this plaintiff purported to deed without any consideration an interest in real property to his son, Robert V. Mathews, the defendant herein. At the time of this conveyance it is alleged…