Hayes v. Cable

WEBB, Judge.

We hold it was error to dismiss the plaintiffs claim based on undue influence. Undue influence is “the exercise of an improper influence over the mind and will of another to such an extent that his professed act is not that of a free agent, but in reality is the act of the third person who procured the result.” Lee v. Ledbetter, 229 N.C. 330, 332, 49 S.E. 2d 634, 636 (1948). Whether there was undue influence is to be determined by the jury from all the evidence including circumstantial evidence. See In re Will of Franks, 231 N.C. 252, 56 S.E. 2d 668 (1949), reh. denied, 231 N.C.…