Heller v. Jonathan Investments, Inc.

Plaintiff brought an action for rescission of two real estate deeds and the imposition of a constructive trust, claiming that the deeds were executed under duress exerted upon him by decedent in breach of their fiduciary relationship. The action was brought subsequent to decedent’s death, some four years after the execution of the deeds.

At trial, certain evidence was excluded on the basis of hearsay and the Dead Man’s Act (Ill. Rev. Stat. 1981, ch. 110, par. 8 — 201). Defendant, decedent’s corporation, moved for a directed finding at the close of plaintiff’s case pursuant to section 2 — 1110…