Coleman v. Newborn

OPINION

LAMB, Vice Chancellor.

This is an action to rescind a deed conveying an elderly and disabled person’s home (her only substantial asset) to her sister who, at the time of the transfer, was acting as the elderly person’s attorney-in-fact. Following trial, the court concludes that, although the power of attorney was not used to effect the gratuitous transfer and although there is no clear evidence that the sister exerted undue influence in connection with the transfer, equity nevertheless requires that the deed be set aside to protect the interests of the plaintiff.

I

The plaintiff, Miriam…