In re Estate of Ward

Doris handwrote a conveyance of her independently owned 77-acre "family farm" to her daughter Dwana (plaintiff) on a piece of paper left on the kitchen table before a European vacation, which Dwana retrieved, read, understood as a conveyance to her, and placed back on the table; the document was destroyed upon the couple's return, with Doris's husband Bobby (defendant) testifying Doris later changed her mind, though other witnesses confirmed Doris continued speaking of the farm as Dwana's even after returning from Europe. When Doris's later will instead left the farm to Bobby, Dwana sued for a declaration of her rights under the destroyed deed, and the jury found Doris had signed and delivered a deed to Dwana and that Bobby had exerted undue influence over Doris in executing the probated will; the trial court ruled for Dwana, and Bobby appealed.