Mather-Smith v. Fairchild

SMITH, Judge.

The plaintiff-appellee filed an amended complaint to set aside a deed given by his ward, prior to her adjudication of incompetency to the defendant-appellant, her grandson. The first count of the complaint alleges that the grantor in the deed was incompetent at the time of the execution of the deed. The second count alleges that the execution of the deed was obtained by the defendant by his exercise of undue influence on the grantor. The defendant moved to dismiss, and as an alternative to strike, upon the theory that the complaint alleges two utterly irreconcilable and mutually…