COSGROVE v. TAYLOR

No. 31496; CA 10363.

585 P.2d 757 (1978)

36 Or.App. 827

Erma COSGROVE, Appellant, v. Marietta Fay TAYLOR and Marilyn Elaine Lamb, Respondents.

Court of Appeals of Oregon.

Decided October 30, 1978.


Attorney(s) appearing for the Case

Todd G. Brown, Corvallis, argued the cause and filed the brief for appellant.

J.W. Walton, Corvallis, argued the cause for respondents. With him on the brief was Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.


JOSEPH, Judge.

This is a suit in equity to set aside a deed by which the defendants were given their father's farm some five months before his death. Plaintiff is the surviving spouse. She claims that the decedent lacked sufficient mental capacity to execute the deed and that undue influence was used by the defendants to secure the deed. The trial court found that the decedent had the requisite capacity and that no undue influence was used by defendants. Plaintiff...

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