Flanagan v. DeLapp

FINCH, Judge.

On March 31, 1971, seven days before his death, Joseph Francis Moore (decedent) ex*594ecuted a warranty deed conveying 275 acres of farmland (2 tracts), plus a 7/i2ths interest in a 11.52 acre tract, to G. L. DeLapp, Jr., an attorney, and his wife, Elizabeth J. De-Lapp, a niece of decedent. This suit was brought to set aside that deed on the basis of alleged undue influence by G. L. DeLapp, Jr. (hereinafter DeLapp). The trial court found that execution of the deed was the result of undue influence by DeLapp and ordered the conveyance set aside and the deed cancelled. Only DeLapp…