72 Neb. 534 | Neb. | 1904
The plaintiff, a woman nearly 80 years old, entered into a written agreement with the defendants, her heirs at law, for the immediate distribution of her estate among them. There was no consideration moving to her, and she was admittedly lacking in full contractual capacity, and there is evidence that she yielded to united and persistent importunity by the heirs. All parties are agreed that for one reason or another the agreement was and is ivholly void, but it has been in large part carried into execution. The object of this action is to procure its cancelation, in so far as it remains unexecuted, and to obtain and retain for the plaintiff undisputed possession and enjoyment of the undistributed portion of her estate.
The defendants, among other defenses, pleaded in abatement that the plaintiff was of insufficient mental capacity to manage or control her own affairs or to begin and prosecute the action, and all parties pleaded her incapacity to make the alleged contract in controversy. The court by final decree found that the plaintiff “is and was for a
The situation of the parties and of the property in dispute is such that a final disposition of the cause cannot conveniently be made by this court, and it is recommended that the judgment of the district court be reversed and the suit remanded for further proceedings in accordance with law.
For the reasons stated in the foregoing-opinion, it is ordered that the judgment of the district court be reversed and the suit remanded for further proceedings in accordance with law.
Reversed.