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JEMMETT v. McDONALD

No. 26395.

32 P.3d 669 (2001)

136 Idaho 277

In the Matter of the Estates of Frank Jemmett and Frances M. Jemmett, Deceased. Dolly JEMMETT, Petitioner-Respondent, v. Josephine MCDONALD, Respondent-Appellant.

Supreme Court of Idaho, Boise, February 2001 Term.

August 7, 2001.

Attorney(s) appearing for the Case

Dillion, Bosch, Daw, Bock, Chtd., Boise, for appellant. Leslie M. Bock argued.

Saetrum Law Offices, Boise, for respondent. Stephen T. Woychick argued.

WALTERS, Justice.

This is an appeal in an action to set aside a deed to real property on the ground of undue influence, and to quiet title to the property in the estates of the now-deceased grantor and his wife (who was one of the grantees and who also is now deceased). After a trial, a magistrate held that although undue influence was not proved, neither did the surviving grantee convincingly establish that title to the property...

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