Kazaras v. Manufacturers Trust Co.

Botein, J. (dissenting).

The Trial Justice has stated in his written opinion that were it not for the issue of ratification, he ‘‘ would unhesitatingly set aside the indenture as procured *242through undue influence and duress, and without a proper comprehension by plaintiff of the unnatural provisions of the indenture or that the subject of the trust was property which was already hers, rather than additional property which her father was putting in trust for her benefit.” This strong, sweeping judicial acceptance of plaintiff’s claims of duress and undue influence is buttressed by specific and…