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Legal Opinion

Pense v. Lindsey

Montana Supreme Court

Decided July 10, 2003No. 01-666PublishedCited by 2 opinions

1Opinion of the CourtJustice Cotter

¶1 Rosie Pense (Pense) conveyed her 258-acre Fergus County homestead property to Jack and Lee Lindsey (Jack, Lee, or the Lindseys) by Warranty Deed. Shortly thereafter she requested that the Lindseys return the property to her. The Lindseys offered to return the land provided their names remained on the deed as joint tenants with rights of survivorship. This offer was rejected and Pense sued the Lindseys claiming they had exerted undue influence over her. The District Court agreed and set aside the conveyance. The Lindseys appeal. We affirm.

ISSUE

¶2 The dispositive issue in this case is…

2Cases cited6 opinions

  1. In Re the Estate of BradshawMontana Supreme Court · 2001
  2. In Re the Estate of LienMontana Supreme Court · 1995
  3. Christensen v. BrittonMontana Supreme Court · 1989
  4. In Re the Estate of McDermottMontana Supreme Court · 2002
  5. Estate of DeCock v. DeCockMontana Supreme Court · 1996

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3Cited by2 opinions

  1. In Re the Estate of HarmsMontana Supreme Court · 2006
  2. Smith v. LindemulderMontana Supreme Court · 2022

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