McGahee v. Walden

Duckworth, Chief Justice.

This is an action by the executor of an estate to recover certain personal property and a sum of money allegedly given to the defendants by the deceased while under the undue influence of the defendants, standing in a confidential or fiduciary relationship with the deceased, who was a sick, aged, and infirm person, suffering from a brain tumor from which she died. The case proceeded to trial and the juiy returned a verdict for the defendants. A motion for new trial, as later amended, was filed and denied, and the exception is to this judgment. Held:

1. Both the…