recovering from a serious femur fracture which required surgery in traction she had an eighth grade education she was ninety three at the time she  january a mere six weeks later she executed a quit claim deed giving all farmland approximately two hundred twenty one weekers to her daughter was frail and depressed there's no dispute about those things in gruelling following this bench trial the trial judge made several serious her the court concluded in finding that barbara had met her burden of showing by clear and convincing evidence that the transaction was fair and after the fall while observing at the same time the barbus conduct was not commendable and that attorney fuller could have done certain things differently the opinion she rendered dr curse testimony it was extremely significant she alone was qualified to determine whether in fact juli somebody at the card game even a niece who stops in the nursing home to say hi how are you are you doing isn't the person that you look to isn't that competent to make  complex psychological evaluation julia shame like all of us have learned so phrases we have one or more an empty social friends is that we reach to when we're in a kirk explained that what you have to look at is the complexity of the task and she gave an example assigning the power of attorney is not a complicated decision whereas to sign you to give away make a complicated financial decision the will cherishing is what allegedly caused this desire on the part of julia to even things  to care for those needs and he also said another significant thing in his testimony he said join the shame morning to have that income from the farm ground during the fruit life time that she's maust for sister he doesn't know any of these things but more significantly she doesn't do something very very important he doesn't do what attorney parts wanted to do which is he does it even sunday julia have you thought about what's going to happen to you if you have to go in a nursing home if you need full time here have you thought of the fact that you're how can on these facts there be clear and convincing evidence that this transaction was there in an equitable why didn't she barbara wyman exercised undue influence that is a question of fact there is no question of law somehow him in the in the pleadings brief its manufacture did well because joe horn made an offhand remark to execute a will or executed deed that somehow he didn't understand the difference and he was applying some different standard i think if you look at the at the record there is no claim that there was a legal issue in your life as i think this is clearly simply a manifest we have judge gordon's experience judge she's the chief judge of the tenth circuit he handles these cases over time and i think you can take some is let me let me say one thing about the record and it appears in the plaintiff's brief was are you deferred before judge board there is no testimony that she doesn't get any there is no testimony that she doesn't hand in money that's what they alleged in the complaint you can search that record for anybody saying julie sheen doesn't have assets and doesn't have  now i think it's a different thing from saying ok is there a wise estate planning move you know is it is it something that you know normally you would do it again i want to come back th she was upset about that because she and barbara and done a lot for some of these male farmers in the family and in the county and she was upset about that hot sendak and he said she wasn't bitter she was going to give that land far so it you know and i come back to i want to just talk about the first second the problem here is who is she here to testify because the power of the courier who sat in with if you look at the record kristen in two thousand and seven two years after this transfer she's never received a direction she calls dr cohen the personal physician and says well you know joy does get nasty she can't remember anything she before the court and see how are you sick and tired of the men in the family getting everything i want to give it to my only daughter who didn't get in farmland in the testimony was the jewel she said i'm going to give it to her now because i was afraid the mores were going to take away from that's unrebutted testimony if you look at what was going on you know she told even even the power of attorney daughter said you know i remember grandma saying the boys are too greedy and that they've got ok did she really did she really forced julie she to give her that land you know if you look at the brief that i filed it you know natural affection desire to give family something is sufficient consideration and the fact that it may not be the smartest decision with the best decision doesn't mean it was caused by an undue influence and i think that's that's the key here it is under speculation to say oh well you know all these reasons that in the only thing i want to stress here if you look at the facts of the case julie blew by herself she looked at a former house of the country by herself she fell she broke her leg she was in the hospital i don't think for three months  like a month she was in the nursing home for about four or five weeks and she needed a place to go she went to live apart so it wasn't that she was this poor you least to civilize disabled you know elderly woman she was living room two she broke her l so this is not a situation where you've got somebody who's you know completely helpless if you look at the evidence on the side and they hire an expert four years later after julia to testify about what her intentions were that should trump everything the you know the other thing i would just want to point out quickly if you look at the late testimony in as you may have seen from the br the problem of the the a pelican brief they were supposed to give you the facts they ignored six lay witnesses that testified the judge important said some of these people were completely objective and that's one relied on and he said potts and for  before this deal was done which she want to get property to go to bars and she didn't want to take him from bar and she wanted to even the scales in the family and i think it is you know the knee jerk reaction is oh i want to give it back you know let property because of perceived injustices in the family because of her own daughter very circumstances or in his record she was deprived of the ability to come before judge ford and say that's exactly what i w you know in a trial three plus years after the transfer she couldn't justify anything you know i think earth testimony is correct that she's in severe dementia now and can testify and i that's absolutely wrong you are turning hot swarm evidence deposition testimony he states that she did not have much cash or other lower said he just assumed her family to take care of her i mean the rationale is that she wouldn't have any income either but he didn't step up to the way and certainly there was no evidence one of them alone clearing and convincing evidence that this transaction was fair inequitable i never heard a word about wind farm good trial until she was released from st clair nursing home she then you were twenty seven if that's not three months it's sure a day or two but death is a three month period this is this difficult sad case it's difficult to read about how it's difficult to think about how this is why this court is here to do is to make things right between our citizens and ninety three year old woman who's been hospitalized for three months with its great education already suffering from dementia should not be permitted to give away all