CORBIN v. POWELL, 176 Md. 693 (1939)

4 A.2d 459

ELIZA CORBIN v. WILLIAM W. POWELL, TRUSTEE

[No. 16, January Term, 1939.]Court of Appeals of Maryland.
Decided February 22d 1939.

Validity of Deed — Mental Incompetency.

In a suit to set aside deeds by which an aged colored man, since deceased, who was married to a wife nearly fifty years his junior, vested his property in their two names as tenants by the entireties, held that testimony by an eminent physician and by a distinguished alienist, who attended the man professionally and examined him on the day on which the deeds were executed, that he was then mentally incompetent, justified a decree setting aside the deeds, in spite of testimony by others, not wholly disinterested, to the contrary.

Decided February 22d 1939.

Appeal from the Circuit Court of Baltimore City (DENNIS, C.J.).

Bill by William W. Powell, trustee under the will of Johnson Corbin, deceased, against Eliza Corbin. From a decree for plaintiff, defendant appeals. Affirmed.

The cause was argued before BOND, C.J., OFFUTT, PARKE, SLOAN, MITCHELL, SHEHAN, JOHNSON, and DELAPLAINE, JJ.

Page 694

Josiah F. Henry, Jr., and Arthur E. Briscoe, for the appellant.

Robert C. McKee and William W. Powell, for the appellee.

PARKE, J., delivered the opinion of the Court.

Unreported cases.