Kuehn v. Kuehn

Three issues are presented: 1. Were the findings of the trial court of undue influence contrary to the great weight and clear preponderance of the evidence? 2. Were the findings based upon a misconception of the law relating to the burden and degree of proof? 3. Should a new trial be granted in the interest of justice because of certain incidents occurring during the trial involving the jury, even though the verdict was only advisory?

This case is unusual in that the donor, or transferor, is seeking to recover, whereas in most undue-influence cases involving inter vivos gifts or testamentary…