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Anderson v. Anderson | 620 S.W.2d 815 (1981)
Contrary to popular belief, silence isn’t always golden. In fact, sometimes silence constitutes fraud, as demonstrated in Anderson versus Anderson.
In 1970, Jewell Anderson wrote a will devising her home and land to her son, Frank Anderson. But in 1973, Jewell executed a deed conveying the same property to her granddaughter, Altha Miller. The deed stated that, as consideration for the conveyance, Miller would take care of Jewell for the rest of her life. Miller wasn’t present for the transaction, so Jewell’s son, Charlie Anderson, received the deed and affirmed that Miller would provide the promised care. Meanwhile, Miller had decided that she couldn’t take care of Jewell due to other responsibilities. Nevertheless, when Miller received the deed in the mail, she kept it and didn’t tell Jewell that she wouldn’t fulfill the promised consideration. Two years later, Miller deeded the property to one of Jewell’s other sons, William Anderson. Two years after that, Jewell died without Miller ever having taken care of her. Jewell’s will then went to probate, and Frank, the devisee of the property under the will, sued Miller and William seeking to cancel the deed. Frank argued that Miller obtained the deed by fraud. The trial court found that, at the time the deed was executed, Miller had no intention to care for Jewell, thus committing fraud.
On that basis, the trial court canceled the deed, and William appealed to the Texas Court of Appeals.
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