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Anderson v. Anderson

Texas Court of Appeals
620 S.W.2d 815 (1981)


Facts

In 1970, Jewell Anderson signed a will devising her home to one of her sons, Frank Anderson (plaintiff). In 1973, Jewell deeded the home to her granddaughter, Altha Miller, in consideration of Miller providing Jewell care and maintenance for the rest of her life. Jewell’s son Charlie Anderson obtained the deed on Miller’s behalf, promising Jewell that Miller would provide such care and maintenance. By the time Miller received the deed, she had determined that she was unable to provide Jewell the promised care and maintenance. Despite this, Miller accepted the deed and did not return it to Jewell or tell Jewell that she was unable to perform. In 1975, Miller deeded the property to Jewell’s son William Anderson (defendant). In 1977, Jewell died. At no point did Miller provide Jewell care and maintenance before she died. Frank brought suit seeking to cancel the deed to Miller on the grounds of fraud. The trial court found that Miller never had any intention of providing care and maintenance to Jewell. Consequently, the trial court cancelled the deed. William appealed.

Rule of Law

Issue

Holding and Reasoning (Summers, C.J.)

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