Burgess v. Colby

FOLLAND, Chief Justice.

This is a suit for cancellation of deed to real property and assignments of water stock executed by Joseph Colby to his wife Mary E. Colby, 9 days before his death, on grounds of mental incapacity of the grantor. Want of consideration is also alleged. Colby left surviving him his widow, 2 daughters, 2 sons, and 4 grand-daughters, children of a deceased daughter. He died September 25, 1933. The conveyances to his wife were of the farm consisting of 280 acres, water rights of water used on the farm, and certain city lots in Salina, Utah. In November, 1934, the widow, Mary…