DEL PORTO v. NICOLO

No. 12416.

495 P.2d 811 (1972)

27 Utah 2d 286

Delbert DEL PORTO, Administrator of the Estate of Angelina Nicolo, Deceased, Plaintiff and Appellant, v. Tom NICOLO and Elva Nicolo, his wife, Defendants and Respondents.

Supreme Court of Utah.

April 3, 1972.


Attorney(s) appearing for the Case

Brant H. Wall, Salt Lake City, for plaintiff and appellant.

Mark S. Miner, Salt Lake City, for defendants and respondents.


CROCKETT, Justice:

Delbert Del Porto, Administrator of the Estate of Angelina Nicolo, sued to recover into her estate real properties in Magna, Utah, to which she had made deeds to her son, defendant Tom Nicolo, prior to her death. Plaintiff made the contentions common to such cases: that the deceased was lacking in capacity to make the deeds; that they were procured by fraud, and/or duress and undue influence; that the deeds were never delivered; and that if they...

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