Hornig v. Hornig

The plaintiff seeks by the present action to set aside a deed dated and executed on January 4, 1969, by which she conveyed to the defendant all her interest in certain premises in Lexington. The complaint alleges, and the case appears to have been tried on the theory, that the deed was procured by the defendant’s exercise of undue influence on the plaintiff and that the exercise of such influence was facilitated by the plaintiffs mental condition at the time the deed was executed. The com plaint was not filed in the Probate Court for Middlesex County until May 13, 1976, and the defendant’s…