Dees v. Metts

17 So. 2d 137 (1944)

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Dees v. Metts

Alabama Supreme Court
17 So. 2d 137 (1944)

Facts

J.B. Watts was a White man who was involved in an illicit relationship with a Black woman, Nazarine Parker. Watts had a will drafted by Dees (defendant), a banker and the will’s executor, bequeathing his entire estate to Parker. Watts then executed a deed of gift conveying to Parker his real estate for $1, reserving its use and enjoyment during his life. The property was worth $2,000 to $2,500. Following his death, Dees offered the will for probate. Metts (plaintiff), Watts’s next of kin, contested the will on the grounds of undue influence and mental incapacity. A bill in equity was filed to cancel the deed for the same reason, and the cases were consolidated. The jury was instructed that if it found the consideration for the deeded property to be so inadequate as to satisfy the jury that there must have been imposition or undue influence, then the jury must return a verdict for Metts. Dees testified regarding the will that Watts was quite clear that he wanted to disinherit his family, that Parker was a “Negro” who had been taking care of him for a long time, and that he wanted to be sure that a White man would write the will and make sure that Parker got his property. Several other businessmen testified that Watts was of very sound mind, of strong judgment, and not easily persuaded. There was also testimony that Watts’s relationship with his family was strained due to his relationship with Parker. The jury found both instruments invalid, and Dees appealed.

Rule of Law

Issue

Holding and Reasoning (Gardner, C.J.)

Dissent (Bouldin, J.)

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