Rosenthal's Estate

Dissenting Opinion by

Mb. Justice Dbbw :

The keystone of the opinion of the majority is found in the expression: “. . . the evidence clearly supports the findings made below to the effect . . . that the transaction was ‘unaffected by any taint of undue influence, imposition or deception’ and ‘was the free and intelligent act of [Mrs. Rosenthal] fully explained to [her] and done with a knowledge of its consequences.’ ” I cannot possibly subscribe to this conclusion.

I am convinced that a confidential relation existed in this case. The doctrine that the courts will regard a transaction between…