PETERSON v. CARTER

No. 15310.

579 P.2d 329 (1978)

Carna L. PETERSON, by Larry Broadhead, guardian, Plaintiff and Appellant, v. David H. CARTER and Janet S. Carter, Defendants and Respondents, State of Utah, by and through Utah State Department of Social Service, Intervenor.

Supreme Court of Utah.

May 3, 1978.


Attorney(s) appearing for the Case

Howard, Lewis & Petersen, John L. Valentine, Provo, for plaintiff and appellant.

Dave McMullin, Payson, Stephen G. Schwendiman, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.


HALL, Justice:

Appeal from the lower court's refusal to vacate a deed based on the grantor's incompetence and on undue influence.

On September 2, 1975, Carna Peterson conveyed her home and underlying real property to David and Janet Carter. At the time of the conveyance Mrs. Peterson was 91 years old and living in a resthome, her own home being left vacant since 1973. After some preliminary negotiations, Milton Harmon, an attorney, was asked to assist in completing...

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