CHANDLER V. CHANDLER
409 So.2d 780 (1982)
NATURE OF THE CASE: This was an action to set aside a deed for undue influence, mental
incapacity, and no legal delivery and an appeal from the trial court upholding the validity
of the deed.
FACTS: J.W. and Maggie had eight children. In June, 1964 the parents executed a deed
conveying to Maggie an undivided half interest in the 270 acres for life with right of
survivorship for the lifetime of the survivor with remainder in fee simple to J.P., their
son. The deed was delivered to the bank by J.W. in 1965. J.W. died in 1972 and Maggie in
1975. Six of the remaining eight children (P) commenced this action in 1980 to set aside the
deed for undue influence, mental incapacity, and no legal delivery. A teller testified that
J.W. gave her instructions on a note attached to the deed that it was to be delivered to J.P
on the death of J.W. The instructions on the deed were in fact typed out by another employee
of the bank. Further testimony from the bank showed that any person who left a deed at the
bank had the right to go back and pick it up and that holding of such deeds by the bank was
done for safekeeping. The trial court ruled for J.P (D) and this appeal resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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