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Mary McDonald was an 86-year-old widow who lived in her own home. She complained frequently about the high cost of maintenance of her house
Mary McDonald was an 86-year-old widow who lived in her own home. She complained frequently about the high cost of maintenance of her house and the high property taxes she paid. Mrs. McDonald eventually felt it was necessary to cancel her fire insurance to reduce her household expenses. However, she handled all her own business affairs, and maintained herself in her home. Mary's daughter, a real estate agent, was aware of her mother's concern about her property. On a summer's day, she drove to her mother's home and informed her that she had some papers at the lawyer's office, which would protect her. The two women went down to the lawyer's office, where he advised Mary McDonald that the document was the deed to the property and required her signature. Mary briefly glanced at the document and said: "Where do I sign?" Some months later, the municipal tax bill arrived and Mary McDonald was surprised to see that the property was in her daughter's name. She immediately brought a legal action against her daughter to have the property transferred back into her own name. Discuss the arguments that the parties might raise in this case and render a decision.
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Arguments for Mary McDonald 1 Undue Influence Mary may argue that she was unduly influenced by her daughter to sign the deed As Mary was elderly and c...Get Instant Access to Expert-Tailored Solutions
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