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Doster v. Bates

The evidence did not show that the grantor of a quitclaim deed failed to understand the deed when she executed it.

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Faye Doster is the daughter of Oneida McGuffey, who executed a quitclaim deed conveying title to a parcel of land and the home on the land to her husband, Johnny William McGuffey. After Johnny’s death, Doster filed an action to set aside the deed, arguing that her mother did not have the mental capacity to execute it. Frances Bates, the executrix of Johnny’s estate, filed a motion for summary judgment, which the trial court granted. On appeal, Doster argues that the trial court erred in granting summary judgment because a genuine issue of material fact remained as to her mother’s mental capacity to execute the deed. We affirm.

In reviewing the trial court’s grant of summary judgment, this Court conducts a de novo review of the evidence.1 Summary judgment is appropriate where the moving party demonstrates that there is no genuine issue of fact and that the undisputed facts, viewed in the light most favorable to the nonmovant, warrant judgment as a matter of law.2

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