Krueger v. Ary

INTRODUCTION

After Iver Martin Villa’s death, his daughter Mary K. Krueger sued his caretaker Marlyn Ary, seeking to void his monetary and real property conveyances to Ary. The case went to trial, where Krueger raised the presumptions of undue influence and unfairness by demonstrating Ary’s fiduciary and confidential relationship with Villa. Ary presented evidence sufficient to rebut her alleged undue influence over Villa and the transaction’s alleged unfairness. Before the court submitted the case to the jury, Krueger asked for an instruction informing the jury of the previously-rebutted…