Anderson v. Anderson

Facts

On May 5, 1970, Jewell executed her will devising the property to her son to P. On June 29, 1973, Jewell executed a deed to Altha Miller which purported to convey the property in question 'for and in consideration of Altha Miller, my granddaughter, providing for the adequate care and maintenance of me during the remainder of my lifetime.' On July 1, 1975, Altha Miller deeded the property in question to D. No money or consideration was given for this conveyance. On March 12, 1977, Jewell died testate leaving the will devising the property in question to P. On April 11, 1977, Jewell's will was admitted to probate. P sued seeking to cancel the deed to D. Charlie testified that he obtained the deed from Jewell and was present when such instrument was signed; that he had heard his mother say several times that she would give the property in controversy to the 'person or people who would come and take care of her the remainder of her life'; that it was his understanding that his mother meant for someone to come and take care of her at her place. Charles thought he had oral authority to negotiate the deed. It was his understanding that Altha was to perform that task. While enthusiastic at first, Altha almost immediately realized she would not be able to perform. She later told Jewell that she did not see how she could come at that time and take care of her because she had too many obligations at home. Altha told Charlie that she had reservations as to whether they would be financially able to come and take care of her grandmother. She received the executed deed by mail and did not pay her grandmother any money for the deed nor fulfill any of the support obligations therein. Altha signed the deed over to D with the understanding that he would take care of Jewel. D did not pay her any money or other consideration for it. The court voided the deed and P appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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