This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
In addition to a confidential relationship between the parties, the further fact of a misstatement, even if not amounting to technical fraud, or the additional fact of circumstances of oppression, not amounting to technical duress, or the combination of both misstatement and oppression, tend greatly to strengthen the presumption of undue influence.1 A conveyance by a weak, timid woman, who does not understand the legal effect of her deed, to her sister,2 or to her children;3 a conveyance by a patient to a physician induced by actual misrepresentations;4 a conveyance by a woman who does not understand the effect of her deed, to keep her husband, from whom she separated, away from her home, made to her brother, who is her confidential adviser;5 a conveyance to a parent made by a young woman about to be married, on her father's representation that her future husband was actuated by mercenary motives and that this would be an excellent test of his affection, the effect of the deed not being explained to her;6 a conveyance by a daughter to her mother, under whose influence she was, made gratuitously in order to obtain the mother's consent to the daughter's marriage to a man with whom the daughter had been criminally intimate, the conveyance being made by reason of her mother's representation that the daughter had only a fourth interest in her grandfather's estate, whereas she had a half interest, and also by her mother's representation that if she did not convey it, it would be taken for her husband's debts;7 and a conveyance made by niece to her uncle of her interest in her grandfather's estate for half its value, she knowing nothing of its value and her uncle being advised of all the facts,8 have each been set aside on the ground of undue influence.
4 Mental weakness due to morphine and intoxicating liquor; conveyance to confidential adviser. German, etc., Society v. De Lashmutt, 83 Fed. 33. Mental weakness; conveyance by parent to child. Smith v. Smith. 90 Mich. 97, 51 N. W. 361. Conveyance by child to parent. Lovett v. Taylor, 54 N. J. Eq. 311, 34 Atl. 896. Conveyance to one in whose custody grantor was. Dorsey v. Wolcott, 173 111. 539, 50 N. E. 1015. Weakness due to sickness and approaching death; conveyance by wife to husband. Lewis v. McGrath, 191 111. 401, 61 N. E. 135. Conveyance by husband to wife. Disch v. Timm, 101 Wis. 179, 77 N. W. 196. Weakness of body and mind due to old age; note and mortgage given to daughter. Spar-gue v. Hall, 62 la. 498, 17 N. W. 743. Conceyance at request of physician. Klose v. Hillenbrand, 88 Cal. 473, 26 Pac. 352.
5Gibbons v. Gibbons, 175 Pa. St. 475, 34 Atl. 846.
6 Contract to renew a note, deposit money to grantor's credit, and pay for certain personalty made by son-in-law of grantor. Stuyvesant v. Wilcox, 92 Mich. 228, 52 N. W. 617. Contract to pay debts and reconvey, made by brother of grantor. Tomlinson v. Tom-linson, 103 la. 740, 72 N. W. 664. Contract to give bond for support made by brother-in-law, the bond having no sureties. James v. Groff, 157 Mo. 402, 57 S. W. 1081.
7Weakness of mind due to old age; conveyance by parent to child. Wheat-ley v. Wheatley, 102 la. 737, 70 N. W. 689; Mallow v. Walker, 115 la. 238, 91 Am. St. Rep. 158, 88 N. W. 452; Likins v. Likins, 122 Mo. 279r 27 S. W. 531. Weakness of mind due to sickness; conveyance by parent to child. Orr. v. Pennington, 93 Va. 268, 24 S. E. 928. Weakness of mind; conveyance by nephew to uncle as trustee. Neal v. Black, 177 Pa. St. 83, 34 L. R. A. 707, 35 Atl. 561.