How should the court rule? Explain fully.

Frank Feiden was diagnosed with Alzheimer’s disease in 1982. On January 11, 1986, during a hospital stay for surgery Feiden conveyed his farm to his sons, Harry and Norman. Harry was deeded a larger share of the property than Norman. Norman asked a court to set the deeds aside, alleging that his father was not mentally competent when the deeds were signed. Medical evidence introduced at trial conflicted. A physician, a psychiatrist, and an attorney all testified that when they had seen Frank at various times during 1985 and early 1986, Frank had been unable to handle his financial affairs or understand the legal consequences of his actions. Another psychiatrist, however, testified that Frank “had lucid intervals.” The attorney who obtained Frank’s signatures on the deeds stated that Frank understood what he was signing and was aware that he was deeding more of the property to Harry than to Norman. The nursing summaries indicated that on the day that the deeds were signed, Frank was having lucid periods. How should the court rule? Explain fully.Frank Feiden was diagnosed with Alzheimer’s disease in 1982. On January 11, 1986, during a hospital stay for surgery Feiden conveyed his farm to his sons, Harry and Norman. Harry was deeded a larger share of the property than Norman. Norman asked a court to set the deeds aside, alleging that his father was not mentally competent when the deeds were signed. Medical evidence introduced at trial conflicted. A physician, a psychiatrist, and an attorney all testified that when they had seen Frank at various times during 1985 and early 1986, Frank had been unable to handle his financial affairs or understand the legal consequences of his actions. Another psychiatrist, however, testified that Frank “had lucid intervals.” The attorney who obtained Frank’s signatures on the deeds stated that Frank understood what he was signing and was aware that he was deeding more of the property to Harry than to Norman. The nursing summaries indicated that on the day that the deeds were signed, Frank was having lucid periods. How should the court rule? Explain fully.


 

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