(Download) "Eunice Flanagan v. G. L. Delapp" by Supreme Court of Missouri En Banc ~ eBook PDF Kindle ePub Free
eBook details
- Title: Eunice Flanagan v. G. L. Delapp
- Author : Supreme Court of Missouri En Banc
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
On March 31, 1971, seven days before his death, Joseph Francis Moore (decedent) executed a warranty deed conveying 275 acres of farmland (2 tracts), plus a 7/12ths interest in a 11.52 acre tract, to G. L. DeLapp, Jr., an attorney, and his wife, Elizabeth J. DeLapp, 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 appealed from that judgment, the appeal being to the Missouri Court of Appeals, Kansas City District, which affirmed. Thereafter, on application of DeLapp, we ordered the case transferred pursuant to Art. V, § 10, Mo. Const. We now review the case as though here on direct appeal. We affirm. Decedent (age 74) died intestate on April 7, 1971, leaving as his surviving heirs at law, a sister, Eunice Flanagan (age 71), and a brother, Thomas Corydon Moore (age 75), 1 who had been declared incompetent in 1969. Mrs. Flanagan was appointed administratrix of decedent's estate. She then brought this suit individually and as administratrix (pursuant to probate court authorization), naming as defendants DeLapp and his wife, Elizabeth, grantees in the deed, the surviving incompetent heir at law, Thomas Corydon Moore, and the surviving guardian of his estate, Elizabeth J. DeLapp. 2