Smith v. Smith

This is an appeal from the setting aside of a deed to part of a family farm in Pierce County and the partitioning of the farmland among family members. For the reasons which follow, the judgments setting aside the deed and partitioning the farmland are affirmed. Oswell Smith “Mr. Smith” and his sons, Walter David Smith “David” and Terry Smith “Terry”, operated a farm in partnership on a family-owned 153-acre tract of land in Pierce County; each of the sons claimed title to a third of the land, with Mr. Smith and his wife Kathryn “Ms. Smith” together having the remaining third.1

Mr. Smith controlled the farm’s operation until he developed Alzheimer’s disease in the early 1990′s. At first, he continued to live on the farm, but later he moved to a nursing home. At the nursing home, on October 5, 1995, Mr. Smith and Ms. Smith conveyed their “one-third 1/3 undivided fee simple interest” in the land to David’s wife, Debra Sue Smith “Debra Sue”.2 Terry learned about the conveyance of the farmland to Debra Sue in April 1996.