RODGERS v. HENDRICKSON


293 S.W.2d 456 (1956)

Villa RODGERS et al., Appellants, v. Denny HENDRICKSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 28, 1956.


Attorney(s) appearing for the Case

John W. Murphy, Jr., Liberty, Montgomery & Montgomery, Liberty, for appellants.

L. C. Lawrence, Jamestown, for appellees.


SIMS, Judge.

This action was brought by appellees, the sons of Mrs. Eliza J. Kerns, joined by their wives, against their sister, Villa Rodgers and her husband, W. L. Rodgers, to set aside a deed Mrs. Kerns had executed to Villa, her only daughter. The instrument was attacked on three grounds: 1. Mental incapacity; 2. undue influence; 3. there was no delivery of the deed. The case was tried before the judge without a jury. He held there was not sufficient evidence...

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