Summary 2009 WY 85

Summary of Decision issued July 1, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: In re: Cancellation Deed from Street, Jr.

Citation: 2009 WY 85

Docket Number: S-08-0107

Appeal from the District Court of Natrona County, the Honorable Scott W. Skavdahl, Judge.

Representing L.B. Street: Patrick Dixon, Chapin & Dixon, Casper, Wyoming.

Representing W.C. Street: Cameron S. Walker of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

Facts/Discussion: After L.B. Street became extremely ill and hospitalized, he entered into a number of transactions conveying items of personal and real property to his children. When he recovered, he claimed he had no memory of the conveyances. The prevailing question was whether L.B. Street had the requisite mental capacity to execute the documents conveying his property. The Wyoming court adheres to the general principle that mere weakness of body or mind or both, do not constitute what the law regards as mental incompetency sufficient to render a contract voidable.
Application of presumption of validity to notarized deed: The appellant contended that the district court improperly applied a presumption of validity to the inter vivos conveyance of the deed and bills of sale at issue. After a review of the record, the Court stated that nothing in the language of the district court’s holding indicated that it applied a presumption of validity when determining whether L.B. Street had the requisite mental capacity to execute the deed.
Standard for determination of capacity to execute a deed: L.B. Street claimed to have limited recollection of many of the events that occurred while he was hospitalized or during his stay at the hospice and no memory of any of the conveyances made during his illness. He argued that in Morton, the Court stated the standard included that the grantor be able to recollect the decision he formed. The Court stated that was argument was incorrect. The point of time to be considered is the time of execution of the deed.
Application of the proper burden of proof: L.B. Street raised the issue of undue influence for the first time on appeal. Because the Court did not find it to be a jurisdictional or fundamental issue, the Court did not address it.
Factual findings clearly erroneous: The record included testimony from the children, a grandchild, the nursing flow sheets, the individuals who notarized the documents and the physician expert presented by L.B. Street. The trier of fact must decide what weight is to be given to expert testimony, to determine the credibility of all witnesses, and to evaluate the testimony of each in reaching its verdict. The testimony of the physician expert upon which L.B. Street relied heavily upon fell short of showing by a preponderance of the evidence that he was mentally incompetent to enter into the transactions.

Conclusion: The Court found the district court applied the proper standards when determining whether L.B. Street had the requisite mental capacity to enter into the transactions at issue. The Court did not consider the undue influence claim as it was not raised in the case below. After reviewing the record the Court stated the district court’s factual findings were not clearly erroneous.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/nycqvh .

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