Mirsky v. Blake

PHILLIP GOLDMAN, Circuit Judge.

This is an action for the partition of real estate. By way of counterclaim, the defendant and his guardian ad litem seek to set aside the critical instrument of conveyance (the foundation for the partition action) on the ground of fraud and undue influence. The matter is presently before the court for final disposition.

By way of background the defendant Blake is an 84-year-old widower. He is not able to support himself nor is he completely whole in physical and mental health. Plaintiff Mirsky is a 43-year-old unmarried woman. She is not related to defendant…