Price v. Pike
| Citation | 458 S.W.2d 440 |
| Parties | Raymond T. PRICE, Mary Martin and Ruth Warren, Appellants, v. Stanley PIKE and his Wife, Gracie V. Pike, Appellees. |
| Decision Date | 02 October 1970 |
| Court | United States State Supreme Court (Kentucky) |
Clyde Williams, Jr., Fred Faulkner, Jr., Campbellsville, for appellants.
Robert M. Spragens, Lebanon, for appellees.
VANCE, Commissioner.
This is an action to set aside a deed of conveyance upon the ground that the grantor lacked mental capacity to execute the deed and that its execution was procured through the use of undue influence. The Chancellor held that the grantor had sufficient mental capacity to execute the deed and that the evidence did not warrant a conclusion that the grantor was subjected to any undue influence. From a judgment dismissing the action the appellants have prosecuted this appeal.
The material facts are: On May 5, 1958 W. E. Price, hereinafter called grantor, conveyed a 100-acre-farm to his niece, Gracie V. Pike, and her husband, Stanley Pike. The consideration stated in the deed of conveyance was:
'* * * FOR AND IN CONSIDERATION of One Dollar cash in hand paid, and the further consideration of the services rendered by the Grantees to the Grantor in taking care of him, furnishing a home, and attending to his personal needs for the eight year period last past, and the further consideration of the promise and obligation of the Grantees to the Grantor to continue to take care of him, furnish him a home, and attend to his personal needs for so long as he shall live; and the further consideration of the promise and obligation of the Grantees to pay the funeral and burial expenses of the Grantor at his death in the event that his personal estate is insufficient to pay same after the payment of all his just debts; * * *.'
W. E. Price died in 1966. In 1947 he executed a will under which the appellants would have received at his death an interest in the 100-acre-farm if he had owned the farm at the time of his death. Hence, the effort by appellants to set aside the conveyance of the farm.
The appellants are the children of a deceased brother of the grantor and the appellee, Gracie Pike, is the child of a deceased sister of grantor. The appellants lived in the home of the grantor from the days of their early childhood until they reached adult status and moved away for various reasons. After the death of their father and until the time they moved away from his household the grantor had provided the necessities of life for the appellants.
The appellee, Gracie Pike, likewise lived in the home of grantor most of her life. She married in 1949 and she and her husband then made their home with the grantor until 1954 at which time they built a home upon a tract of land adjoining grantor's farm.
The grantor was never married and during much of her life the appellee did the housekeeping and cooking for the grantor. Even when the appellee and her husband moved into their own home, the grantor came to their house three times a day for his meals and the appellee, Gracie Pike, went regularly to his hime to do his cleaning and laundry. In 1960 the grantor moved into the Pike's home and lived with them until the time of his death in 1966.
There was testimony which indicated that the grantor grew progressively...
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Stephanski v. Stephanski
...v. Hatfield, Ky., 417 S.W.2d 218 (1967); Logan v. Logan, Ky., 409 S.W.2d 531 (1966). Unfortunately, in cases such as Price v. Pike, Ky., 458 S.W.2d 440 (1970); Casey v. Casey, Ky., 436 S.W.2d 783 (1969); and Gearheart v. Gearheart, Ky., 430 S.W.2d 319 (1968), we referred to 'the chancellor'......
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Acton v. Acton, No. 2007-CA-000239-MR.
...(Ky.1954). "The power reposed in courts to set aside [a deed] is an extraordinary one and is not to be lightly exercised." Price v. Pike, 458 S.W.2d 440, 442 (Ky.1970). It requires "proof of considerable strength to annul the conveyance on [the] ground [of undue influence]." v. Taylor, 287 ......
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Bolen v. Bolen, No. 2004-CA-000382-MR.
...deference under Kentucky Rules of Civil Procedure (CR) 52.01, and such will not be disturbed unless clearly erroneous. Price v. Pike, 458 S.W.2d 440, 442 (Ky.1970). The record is clear that Jackie retained no lien on the property. As such, the chancellor's findings of fact on that issue are......