MOORHEAD v. MILLER

No. 53346.

171 N.W.2d 295 (1969)

Wilber MOORHEAD, Conservator of the property of Lillie Moorhead, Plaintiff, now Wilber Moorhead, Executor of the Estate of Lillie Moorhead, Deceased, Substitute Plaintiff-Appellant, v. Hazel E. MILLER and Andrew Miller, Defendants-Appellees.

Supreme Court of Iowa.

October 14, 1969.


Attorney(s) appearing for the Case

John Donahey, Panora, for plaintiff-appellant.

Edward S. White, Carroll, and Richard L. Hasbrouck, Guthrie Center, for defendants-appellees.


STUART, Justice.

The conservator of the property of Lillie Moorhead brought this action in equity to set aside a deed to a 160 acre farm from his ward to defendant, Hazel Miller, and asking for an accounting of the income therefrom. He also seeks the return of the proceeds from certain bonds and bank accounts alleged to have been received by defendants from his ward. The action is based on constructive fraud alleging the ward's mental incapacity and the undue influence...

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