SMITH v. SMITH

No. 89-CA-0382.

574 So.2d 644 (1990)

Robert Lee SMITH, Executor of the Estate of Henderson Smith, Deceased v. Lorene SMITH.

Supreme Court of Mississippi.

December 19, 1990.


Attorney(s) appearing for the Case

Fred T. Rucker, Scales & Scales, Jackson, for appellant.

L. Abraham Rowe, Jr., Brandon, John W. Christopher, George Dewey Hembree, III, Montgomery Smith-Vaniz Firm, Canton, for appellee.

Before HAWKINS, P.J., and ANDERSON and PITTMAN, JJ.


PITTMAN, Justice, for the Court:

STATEMENT OF THE CASE

Robert Smith, executor of the estate of his late father, Henderson Smith, filed suit in Madison County Chancery Court, seeking to set aside a conveyance of real property made by Henderson Smith to Lorene Smith, Henderson Smith's daughter-in-law, on the grounds of incapacity to convey on the part of Henderson Smith, and fraud and undue influence on the part of Lorene Smith. After Robert Smith presented...

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