BASTIN v. SMITH


282 S.W.2d 611 (1955)

Lilly BASTIN, Administratrix of the Estate of George F. Clark, Deceased, Appellant, v. Stella SMITH, Appellee.

Court of Appeals of Kentucky.

September 30, 1955.


Attorney(s) appearing for the Case

Fritz Krueger, Morris E. Burton, Somerset, for appellant.

John G. Prather, Russell Jones, Somerset, for appellee.


STEWART, Chief Justice.

This action was instituted below to set aside a gift inter vivos on grounds of mental incapacity and undue influence. At the conclusion of appellant's evidence the trial judge directed a verdict in favor of appellee, Stella Smith. The sole ground urged for reversal is there was a bona fide question of fact for the jury's determination on the mental capacity of the donor to make the gift.

On May 19, 1950, George F. Clark, now deceased...

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