WILLIAMS V. COLE, 760 S.W.2d 944 (1988) CASE BRIEF

WILLIAMS V. COLE

760 S.W.2d 944 (1988)

NATURE OF THE CASE: This was an action to set aside a deed based on nondelivery.

FACTS: Johnnie was in good health until he was hospitalized 3 weeks before his death. Williams (P) is Johnnie's sister and also his personal representative. Johnnie died intestate. About 1.5 weeks after Johnnie died, a deed was discovered. Cole (D) was advised that the parties were going to the house to locate documents but declined to accompany them. There was no evidence that the deed was procured by undue influence nor that Johnnie was mentally incompetent. The deed was unrecorded. The trial court ruled against P and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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