Averitt v. Bellamy

CLAY, Commissioner.

This is a suit to set aside a deed to real estate and a written instrument transferring personal property, on the grounds of mental incompetency, fraud, undue influence, lack of consideration and nonacceptance. The case was tried before a jury and at the conclusion of all the evidence, on motions for directed verdicts by the adversary parties, the trial court dismissed the plaintiffs’ complaint. They appeal.

The principal plaintiffs are two children of a deceased woman who conveyed her property to the defendants (unrelated) in consideration of the latter’s agreement to care…