Howe v. Johnston

Adeline Fuoco, age ninety-three, died on April 28, 1989, survived by ten children. In 1986, she transferred a parcel of real estate to her son Joseph. In 1991, Stephen Howe, the administrator of her estate, sought to set aside the deed on the ground that Adeline had been incompetent at the time of execution. After a trial, a probate judge declared the deed null and void.4 Joseph’s daughter and sole heir, Kelly Dunshee, and Joseph Johnston, the administrator of Joseph’s estate — Joseph Fuoco had died in 1990 — appeal from that judgment. They claim that the judge erred in dismissing Dunshee as…