Grandmother asks court to stop land sale

Kelly Holleran Feb. 9, 2010, 8:40am

A Jefferson County woman has filed suit against two people in an attempt to keep property she says a minor child does not want to sell.

Plaintiff Rachel Herbert Morse is guardian of the estate of her granddaughter, Morgan Agnew.

Prior to Morse's appointment as guardian, Morgan Agnew and her mother, defendant Rachel D. Agnew, signed a Farm and Ranch contract on Sept. 9, 2008, attempting to sell property to defendant Martin R. Herbert III.

Because Morgan Agnew was a minor when she signed the contract and did not have a guardian, the title company refused to proceed with the sale, the suit states.

According to Morse's complaint filed Feb. 3 in Jefferson County District Court, defendant Rachel Agnew is currently in the process of selling some of the tracts of the property. Morgan Agnew, however, has expressed to her grandmother that she does not wish to sell her portion.

"Martin R. Herbert III insists that all of the real property, including the real property belonging to Morgan Rosemary Agnew, a minor child, be sold to him per the terms of the Sept. 9, 2008, contract," the suit states. "Martin R. Herbert III believes there is a valid contract."

However, Morse wants the contract to be declared void because she says her granddaughter lacked the capacity to enter into the contract when it was formed.

She is asking the court to declare the Sept. 9, 2008, contract void and to award her attorneys' fees, costs and other relief the court deems just.

Morse will be represented by Nancy Y. Hart and Gary J. Linthicum of Wells, Peyton, Greenburg and Hunt in Beaumont.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B185-859.

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