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SIMS v. SLOVIN

213 A.2d 903 (1965)

George W. SIMS, Guardian of the Estate of John W. Nichols and Carrie Nichols, his wife, Plaintiffs, Appellants v. Abraham SLOVIN and Eleanor Slovin, his wife, and Milton N. Slovin and Edith Slovin, his wife, Defendants, Appellees.

Supreme Court of Delaware.

October 15, 1965.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Theophilus R. Nix, Wilmington, for appellants.

James M. Tunnell, Jr., and John T. Gallagher, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellees.

WOLCOTT, Chief Justice, CAREY, Justice, and WRIGHT, Judge, sitting.

PER CURIAM.

This appeal from the Court of Chancery seeks reversal of a judgment refusing to cancel a deed given by plaintiffs to defendants. The evidence and the Court's findings are set forth in its opinion reported in Del. Ch., 207 A.2d 597.

Upon the basis of evidence which was principally oral, the Vice-Chancellor found that Mr. Nichols was not mentally incapacitated, although his mind was weakened by age and failing health...

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