An action to set aside a deed sounds in equity. Benell v. Ross, 19 Neb.App. 514, 808 N.W.2d 657 (2012).

Other courts have applied a competency standard requiring the person challenging the gift to show that "the grantor was so weak or unbalanced at the time of the execution [of the gift] that he could not understand and comprehend the purport and effect of what he was then doing." Benell v. Ross, 808 N.W.2d 657, 661 (Neb. Ct. App. 2012). Testamentary capacity and competence evincing the soundness of mind required to make a will are demonstrated when, without prompting, one is able to comprehend the nature and extent of his property, the persons who are the natural objects of his bounty, and the disposition that he desires to make of [his] property.