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Remedies Keyed to Tabb, 8th
Senter v. Furman
Citation:
265 S.E.2d 784 (1980)Facts
Dr. James Senter, a dentist aged 74 and in poor health, executed a warranty deed conveying his Powers Ferry home to Anna Louise Furman, his nursing assistant, reciting consideration of ten dollars and other valuable consideration. Dr. Senter later filed suit in equity seeking to have the property declared held under a constructive trust, alleging fraud and undue influence. He claimed that due to his weakened physical and mental condition, he was induced to execute the deed while facing a malpractice claim that could have cost him all his assets, and that Ms. Furman promised to return the property after that exposure ended. However, at the hearing it was stipulated that Dr. Senter knew and understood what he was doing when he executed the deed, and he testified by deposition that he signed the deed of his own free will, establishing that he was competent and under no undue influence.
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