1975: Arthur  Mildred (never recorded)
1978: Arthur  Roy (recorded)
Count I: validate title for P based on 1975 deed
Count II: invalidate 1978 deed on grounds that Arthur was incompetent at time it was
executed and that Roy exercised undue influence on Arthur
Count III: an order “impressing a constructive trust upon D” and “compelling D to
convey the land to P”
Trial court: For D on I and III, for P on II (undue influence was exercised)
Arthur had stated on several occasions that he intended for the disputed farm “to be
Mildred’s”. Mildred, Roy, and Arthur later met in 1975, prepared the deed. Arthur
signed and acknowledged the deed which contained a description of the farm and named
P’s as grantees. Wade (an attorney) then notarized the deed, placed it in an envelope and
gave it to Mildred in front of Arthur. It is thus reasonable that evidence is there that the
deed was conveyed with Arthur’s consent and knowledge
Mildred then gave the deed to Roy for safekeeping
It is long held law in MO that the delivery of a deed by the grantor to a third person with
unconditional instructions that it be held by him and delivered to the grantee upon the
grantor’s death is a valid delivery, if there is no reservation by the grantor of dominion
over the deed.