Vince has begun forgetting things and is becoming very difficult to get along with.He is 85,has been ill,and is very fond of his housekeeper Annie.He gives a deed to Annie for all of his real property.At Vince's death,his children,who got only his photograph albums according to the will,ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children.The probable result will be:
A) since Vince was 85 he was probably incompetent and the court would rule for the children.
B) clearly Annie used her position of dominance to persuade Vince to deed her the property, and it will be set aside.
C) unless the children can prove that Vince was unable to understand what he was doing, or that Annie used her position to improperly influence Vince, Annie can keep the property.
D) None of the above.

Question

Quizplus · Accepted Answer

Unless the children can prove that Vince was unable to understand what he was doing, or that Annie used her position to improperly influence Vince, Annie can keep the property. Age and illness alone do not necessarily indicate incompetence, and the fact that Vince was fond of Annie does not prove that she used undue influence. The children would need to provide evidence to support their claim that the deed should be set aside.

Vince Has Begun Forgetting Things and Is Becoming Very Difficult