McDonald v. MacNeil

The petition alleges that the respondent Margaret MacNeil, hereinafter called the respondent, caused the petitioner’s testator, Michael L. McDonald, while he was "incapable of understanding the effect of his acts,” to assign to the respondent a savings bank deposit "by false representations, duress, deceit and fraud.” The nature of the evidence throughout the trial indicates that the petitioner’s claim rests upon what is generally designated "undue influence” rather than upon the less subtle forms of “duress, deceit and fraud” which those words commonly suggest. See Wellman v. Carter, 286…