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HANKS v. GREEN

No. 79CA0356.

607 P.2d 1034 (1980)

Harold HANKS, Personal Representative of the Estate of Mary Esther Neff, a/k/a Esther Neff, Deceased, Plaintiff-Appellee, v. James L. GREEN and Edna M. Green, Defendants-Appellants.

Colorado Court of Appeals, Division III.

February 21, 1980.

Attorney(s) appearing for the Case

Carlson & Carlson, William Albion Carlson, Greeley, Waldo & Waldo, Ralph E. Waldo, Jr., Robert M. Waldo, Greeley, for plaintiff-appellee.

Mellman, Mellman & Thorn, P. C., Douglas W. Johnson, Denver, for defendants-appellants.

VAN CISE, Judge.

Plaintiff instituted this action to set aside two quitclaim deeds from the decedent, Mary Esther Neff, to defendants, James and Edna Green, and for an accounting. Plaintiff's challenge to the deed was premised on both undue influence and Mrs. Neff's lack of mental capacity to enter into the transaction. At the conclusion of a trial to the court, the court set aside the deeds based on a finding of undue influence and ordered an accounting. The Greens...

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