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MMLU / A widower had three children: one was unmarried and the other two were married…

Problem

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question

A widower had three children: one was unmarried and the other two were married with children. When he became chronically ill and could not care for himself, his unmarried daughter moved into his home to take care of him. As time went on, the widower became senile, lost touch with reality, and required continuous care. When that happened, the caretaking daughter made out a deed to herself as grantee and had him sign as grantor. He was not aware of what he was doing when he signed it. After the widower died, the two married children sued to have the deed set aside for mental incompetence. Assuming they can prove the foregoing allegations, will the court likely strike down the deed?

choices

  1. No, because the caretaking daughter had a right to the property in return for all of the work that she performed.
  2. No, because every deed is strongly presumed to be valid when signed.
  3. Yes, because he did not have the mental capacity to understand the nature of his act or the meaning of the legal instrument he signed.a
  4. Yes, because it was obtained by mutual mistake.

subject

professional_law

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Source and history

task_id
dbfe3eb8-3c6e-58d7-a076-99d7246e293a
task_key
all--test--dbfe3eb8-3c6e-58d7-a076-99d7246e293a
task_revision_id
1
config / split
all / test

Official source

initial import