FARNUM v. SILVANO

No. 88-P-966.

27 Mass. App. Ct. 536 (1989)

540 N.E.2d 202

VIOLA FARNUM vs. JOSEPH SILVANO, THIRD.

Appeals Court of Massachusetts, Barnstable.

June 30, 1989.


Attorney(s) appearing for the Case

Herbert F. Lach, Jr. (Diane A. Shrank with him) for the plaintiff.

Michael P. Pagnozzi for the defendant.

Present: KASS, WARNER, & FINE, JJ.


KASS, J.

On the basis of a finding that Viola Farnum enjoyed a lucid interval when she conveyed her house to Joseph Silvano, III, for approximately half its market value, a Probate Court judge decided that Farnum had capacity to execute the deed. A different test measures competence to enter into a contract and we, therefore, reverse the judgment.

We take the facts from the trial judge's findings, which have support in the record and are not clearly erroneous...

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