GRACEY v. LAWRENCE

No. 83-110.

442 So.2d 305 (1983)

Virgil L. GRACEY, Appellant, v. Grace Anna LAWRENCE, As Guardian of the Estate and Person of Anna Flemings Wonnacott, Appellee.

District Court of Appeal of Florida, Fifth District.

December 1, 1983.


Attorney(s) appearing for the Case

Michael D. Jones, P.A., Winter Springs, for appellant.

John DeM. Haines of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellee.


COBB, Judge.

The plaintiff below, Grace Lawrence, in the capacity of guardian of the Estate of Anna Flemings Wonnacott, sought rescission of a deed executed by the latter on November 12, 1981, conveying real property to the defendant, Gracey. The issue is the mental capacity of the then 81-year-old Wonnacott at the time of the execution of the deed.

Evidence at the non-jury trial revealed that Anna Wonnacott was confused and greatly concerned as to the amount...

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