Kleinman v. Marshall

This action was brought by Harry H. Kleinman, the conservator of the estate of Charles H. Miller, to nullify the conveyance of real estate from Miller to his daughter, the defendant Beverly Miller Marshall, and to obtain other relief. The trial referee found that, at the time of the conveyance: Miller was incompetent; there was inadequate consideration for the conveyance; and Marshall exercised undue influence over her father and breached the fiduciary duty she *481owed him under a power of attorney. As a result, the court set aside the conveyance and ordered Marshall to account for the rents she…