Peterson Ex Rel. Broadhead v. Carter

HALL, Justice:

Appeal from the lower court’s refusal to vacate a deed based on the grantor’s incompetence and on undue influence.

On September 2, 1975, Carna Peterson conveyed her home and underlying real property to David and Janet Carter. At the time of the conveyance Mrs. Peterson was 91 years old and living in a resthome, her own home being left vacant since 1973. After some preliminary negotiations, Milton Harmon, an attorney, was asked to assist in completing the transaction, along with a representative of the State Welfare Department which held a lien on the property. That lien entitled…