MacLean v. Hart

Margaret Churchill died on March 17, 1928 in her ninety-third year. Plaintiff is the executor named in her last will and testament, made September 25, 1920 and probated April 28, 1928. On November 22, 1924, defendant entered into a written agreement with Margaret Churchill. The primary object of this action is a judgment declaring that agreement void, and directing defendant to account for moneys received by him under it The question is whether the agreement was procured in circumstances such as to have precluded the exercise by Margaret Churchill of free and deliberate judgment.

On November…