Else v. Fremont Methodist Church, 247 Iowa 127

Summary

The Iowa Supreme Court reviewed an equity action seeking cancellation of a deed conveying a remainder interest in a farm to a Methodist church, based on the grantors' alleged lack of mental capacity and undue influence. The court addressed the burden of proving incapacity, whether a confidential relationship shifted the burden regarding undue influence, and the exclusion of testimony based on privilege.

Holdings

1. A pastoral or other friendly relationship, without proof of actual trust, reliance, dominance, or subservience, does not establish a confidential relationship sufficient to shift the burden of proof. The guardians failed to prove such a relationship between the Cundiffs and the pastor or church-board chairman.
2. The guardians failed to prove that the deed was procured by undue influence.
3. The guardians failed to prove by clear, satisfactory, and convincing evidence that either Sim or Grace Cundiff lacked the mental capacity to execute the deed or understand its nature and consequences.
4. The church's counterclaim to quiet title should be upheld subject to the life estate retained by Sim and Grace Cundiff.

Questions Presented

1. Whether the guardians proved by clear, satisfactory, and convincing evidence that Sim and Grace Cundiff lacked the mental capacity to execute the deed.
2. Whether a confidential relationship existed between the Cundiffs and the church's pastor and board chairman so as to shift the burden of proof to the church.
3. Whether the deed was procured through undue influence.
4. Whether the trial court erred in excluding testimony by the Cundiffs' attorney on privilege grounds.

Disposition

reversed_and_remanded