FOSTER v. HENDERSON

No. 27309.

538 S.W.2d 910 (1976)

Nova FOSTER, successor guardian of the person and Estate of A. A. Anderson, Incompetent, Respondent, v. Opal P. HENDERSON and Willie Pearl Wiyrick, Appellants.

Missouri Court of Appeals, Kansas City District.

July 6, 1976.


Attorney(s) appearing for the Case

Clifford B. Mayberry, Kirksville, for appellants.

Geoffrey L. Gifford, Gifford & Gifford, Green City, for respondent.

Before TURNAGE, P. J., and ROBERT R. WELBORN and ANDREW J. HIGGINS, Special Judges.


ANDREW J. HIGGINS, Special Judge.

Appeal from judgment which set aside warranty deeds of A. A. Anderson to Opal P. Henderson and Willie Pearl Wiyrick on ground that the grantor lacked mental capacity to execute the deeds. Appellants contend the judgment should be reversed "since no clear, cogent and convincing evidence was offered to show that Mr. Anderson was incompetent at the time of the execution of the deeds * * *." See Cruwell v. Vaughn,

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