Bennett

Bennett v. Bennett

Good Law
1919 Cal. App. LEXIS 349·41 Cal. App. 537·182 P. 461
Court of Appeal of CaliforniaJune 10, 1919Civ. No. 2646.California1,063 words

Opinion

Lead Opinion

Conrey, J.

The plaintiff appeals from a judgment in favor of the defendants.

The complaint refers to three deeds made by plaintiff’s testator, one made on March 18, 1913, purporting to convey a described lot to defendant Nelson D. Bennett; one made on June 21, 1913, purporting to conyey another described lot to defendant Edward D. Bennett, and one made on August 12, 1913, purporting to convey a third described lot to defendant Nelson D. Bennett. It is alleged that each of said deeds was executed while plaintiff’s testator, Mary K. Bennett, was insane, feeble, and mentally incompetent to attend to her business affairs, and that at the stated times and while the said Mary K. Bennett was so insane, etc., the defendants unduly influenced her to make said deeds; that the deeds were executed without any consideration therefor. It is further alleged that the deeds were never delivered, but were handed to the defendant Edward D. Bennett by the^aid Mary K.. Bennett, with instructions to take said papers and take care of them for her for fear something might happen to her; that thereafter, without said deeds ever having been delivered, they were placed on record by the defendants for the purpose of…

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