Best
Best v. Paul
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued to set aside certain deeds conveying real property to defendant. The cause was tried before the court sitting without a jury. Findings and judgment favored the defendant and the plaintiff has appealed on a bill of exceptions.
Dr. Kuznik was the mother of the plaintiff, the defendant, and of two other children. She died April 19, 1925, at the age of seventy-three years. About two months before her death she executed the conveyances to the defendant covering practically all the real property owned by her. When the deeds were executed the defendant, at the request of the grantor, was living in the home of her mother in the capacity of housekeeper and was the only one of the four children who gave her any care or affection in her last illness. The mother was a practicing physician who continued actively in her practice until her death. She assumed full charge and control over her properties at all times until the deeds were executed, and at that time executed the deeds freely and voluntarily and with a full knowledge of the facts and of the effect of the transfers. She personally caused the deeds to be recorded and notified those with whom she had business transactions…