Taylor v. Klahm

Plaintiff’s amended complaint in this case alleged that defendants conspired to defraud and cheat plaintiff’s decedent by preying upon her elderly and senile condition and by exerting illegal, and undue influence. The case went to trial and judgment on a jury verdict was entered in favor of plaintiff.

One of defendants’ many assignments of error on appeal is that plaintiff’s allegation of undue influence was insufficient to raise an issue regarding the existence of a “confidential or fiduciary relation” between the decedent and the defendants. Finding such a relation and a resulting .benefit…