Smith v. Schopper

Griffin, V. C.

The bill in this cause is filed to obtain a decree setting aside an assignment operating as a gift inter vivos, on the ground that it was obtained by undue influence.

The assignment was made by the complainant to the defendant Theodor H. Schopper on the 21st day of February, 1910, when the complainant was sixty-eight years of age and Theodor forty-one years.

On the date of the assignment the complainant was possessed of $41,000- in stocks, bonds and cash, $21,000 of which were held by Theodor as trustee for the complainant, and the assignment operated to transfer all the stocks,…