Duckett v. Payne

Harwell, Justice:

Respondent initiated this action through his Guardian ad Litem to set aside a deed conveying property from himself to appellant. The trial court, sitting without a jury, found that the grantor was mentally incompetent at the time he executed the deed. Consequently, the court set aside the deed. We affirm.

Carse Duckett, an elderly widower in his eighties, has six emancipated children including Clarence Duckett, his Guardian ad Litem in this appeal, and appellant. He can neither read nor write, other than to sign his name. He purchased the six acre tract of land in question in…