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SALLIE B. SHUPP v. MILDRED J. BROWN AND ROBERT S. BROWN (12/29/81)

filed: December 29, 1981.

SALLIE B. SHUPP, APPELLANT,
v.
MILDRED J. BROWN AND ROBERT S. BROWN



No. 977 PHILADELPHIA, 1980, Appeal from a Final Decree of the Court of Common Pleas, Civil Division-Equity, of Lancaster County, No. 17 Page 138.

COUNSEL

Lawrence J. Patterson, Lancaster, for appellant.

William E. Haggerty, Lancaster, for appellees.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Hester

[ 293 Pa. Super. Page 413]

This appeal concerns an action in equity which was originally brought by Sallie B. Shupp against her daughter Mildred J. Brown and her son-in-law Robert S. Brown to void a deed on the basis of alleged fraud. The deed in question conveyed, without consideration, certain real estate known as Shupp's Grove, which consists of approximately 85 acres of farm land in Lancaster County and which is primarily used as an outdoor antique market.

Sallie B. Shupp acquired sole ownership of this property upon the death of her husband Jacob in 1975. The alleged conveyance to Mr. and Mrs. Brown took place on February 23, 1976, when the deed was signed. However, the deed was not recorded until August 18, 1976.

[ 293 Pa. Super. Page 414]

In September of 1976, appellee Robert S. Brown separated from his wife, appellee Mildred J. Brown. Subsequently, Sallie B. Shupp brought this action in equity to rescind the deed. After suit was filed, Mrs. Shupp died; and, in her place, Mildred J. Brown, was substituted in her capacity as Executrix of the Last Will and Testament of Sallie B. Shupp.

The complaint alleges that Sallie B. Shupp signed the deed on February 23, 1976, on the basis of the misrepresentation to the effect that the deed was actually a lease and management contract concerning the operation of the outdoor antique market. The complaint further alleged that the defendants were in a confidential relationship with Mrs. Shupp.

Mildred J. Brown, in her capacity as original defendant, filed an answer admitting that the deed was a result of fraud committed on her mother.

Defendant Robert S. Brown, appellee herein, contends that Sallie B. Shupp voluntarily executed the deed on February 23, 1976, with the express intention of giving the property to her daughter and son-in-law.

After a non-jury trial, the lower court concluded that no confidential relationship existed between Sallie B. Shupp and the defendants or either of them; that the appellant had failed to establish fraud, force, coercion or undue influence; and that the conveyance in question was valid. Mildred J. Brown, in her ...


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