Janice Taylor, et al v. Jack Edward Taylor, et al

Two children of the late Bertie M. Taylor filed this action against two of their siblings, attorneys-in-fact for Ms. Taylor, to set aside a quitclaim deed conveying land of their mother executed through the use of a durable power of attorney. Plaintiffs alleged that the power of attorney was invalid due to Bertie Taylor’s lack of mental capacity; that the quitclaim deed was invalid because it contained the signature of only one of the attorneys-in-fact; and that the Defendants breached their confidential relationship with Ms. Taylor by engaging in self-dealing and/or undue influence. The trial court granted summary judgment in favor of Defendant Hoyt on the issues of Ms. Taylor’s mental capacity and the required number of signatures on the quitclaim deed; and granted summary judgment in favor of Plaintiffs on the issues of Defendants’ violation of their duties as attorneys-in-fact, violation of the confidential relationship and Defendant Jack Taylor’s undue influence of Ms. Taylor. The Court declared the quitclaim deed void and vested each Plaintiff with a one-fifth interest in the property. We affirm the trial court’s grant of summary judgment on the issues of Ms. Taylor’s mental capacity, Defendants’ violation of their duties as attorneys-in-fact and violation of the confidential relationship; we vacate the trial court’s grant of summary judgment on the issue of Defendant Jack Taylor’s undue influence; we reverse the trial court’s grant of summary judgment on the issue of the required number of signatures on the deed; and we affirm the relief granted Plaintiffs by the trial court.