...trial judge, assuming that the issue is raised by the pleadings, liberally construed. 3. Fraud 9; Duress; Cancellation of Instruments 3; Husband and Wife 4 — fraud, duress, undue influence — sufficiency of allegations Allegations that defendant husband induced plaintiff wife to transfer to him certain securities by fraudulent concealment and that..." her signature to the transfer by threats and abuse are sufficient to justify submission to the jury of questions of fraud, duress and undue influence. 4. Fraud 1; Duress...; Cancellation of Instruments 2, 3 — fraud, duress, undue influence While fraud, duress and undue influence are related wrongs and, to some degree, overlap, they are not synonymous, and proof of facts sufficient to show one does not necessarily constitute proof of either of the other two. 5. Fraud 1; Duress; Cancellation...

...); Depriest, 733 S.W.2d at 78; see generally 25 Am. Jur.2d Duress and Undue Influence § 31 (1996). As our summary of the law suggests..., the inquiry into the exercise of undue influence is a highly fact-intensive one. See 25 Am. Jur.2d Duress and Undue Influence § 31 (1996). Moreover, as a result of the subtle and often covert ways in which undue influence may be exercised, it must often be proven by means of circumstantial evidence. See, e.g., Rich v. Quinn, 468 N.E.2d 365, 369 (Ohio Ct.App. 1983); 25 Am. Jur.2d Duress and...was acting under undue influence from Calloway when he changed the beneficiary of his plan. After the case was transferred to the U.S. District Court for the Eastern District of Michigan, GM and...

...Merchants Trust Co. v. Harvey, 335 Ill. 284; 17A Am. Jur., Duress and Undue Influence, sec. 10.) Under modern views and developments, however, duress is no longer confined to situations...; Slade v. Slade, 310 Ill. App. 77; 17A Am. Jur., Duress and Undue Influence, sec. II.) Any wrongful threat which actually puts the victim in such...17A Am. Jur., Duress and Undue Influence, sec. II, p. 573, "the threat must be of such nature and made under such circumstances as to constitute a reasonable and adequate cause to control the will of...

...lacked mental capacity at the time the will was executed or that the testator acted under undue influence. 2. WILLS — TESTIMONY CLEARLY PUT POSSIBILITY OF DURESS AND UNDUE INFLUENCE INTO ISSUE — PROBATE JUDGE NOT CLEARLY ERRONEOUS IN REFUSING TO PROBATE WILL. — Although there was considerable other testimony introduced below, the testimony reviewed on appeal showed that the question whether the decedent was under duress and undue...influence when she signed the May 6, 1994 instrument the appellant's family had prepared was very much in issue; based upon the record before the court, it could not be said that the probate judge was clearly erroneous in finding duress and undue...documents, Reba A. Wells was under duress and undue influence. The probate judge admitted to probate the Reba A. Wells will dated July 8, 1993, finding it properly executed and valid...

..., which merely alleged that "[s]ome or all" of the defendants had asserted duress and undue influence upon the plaintiff's ward to cause her to exercise an assignment of her insider rights, was properly....). On a motion addressed to the sufficiency of a complaint pursuant to CPLR 3211 (a) (7), the facts pleaded are presumed to be true and...). The IAS Court properly dismissed the third cause of action, which, in conclusory fashion, seeks compensatory and punitive damages for conversion of the plaintiff's right to purchase a...

...agreement proper, when — Agreement product of duress or undue influence — Threats of bodily harm and threat to give false testimony which would humiliate wife constitute duress. O.Jur...incorporated into a divorce decree if granted in the future, is unenforceable if it was a product of duress or undue influence. 2. Threats of bodily harm made by a husband to his wife to induce a particular course of action constitute duress, as does a threat to give false testimony which would bring humiliation, embarrassment and disgrace...separation agreement into the decree, finding it to be "unenforceable and voidable, having been executed by plaintiff while under duress, and plaintiff having been subjected to undue influence by...

...execute the stipulation. There was no duress under the circumstances (see 17 N.Y. Jur, Duress and Undue Influence, §§ 3, 9). It is also noteworthy that defendant, an attorney, was represented by counsel... defendant's motion to modify a stipulation dated August 16, 1974 and order of said court, entered October 29, 1975, denying defendant's motion to vacate the default and the judgment...entered thereon in this malpractice action, unanimously affirmed, with one bill of $40 costs and disbursements to respondent. Scrutiny of the record discloses Special Term, properly rejected defendant's...

...reconveyance of certain shares of stock alleged to have been transferred to the respondents by Isaac Razin through the fraud, duress, and undue influence of the respondents. The respondents filed demurrers.... Decrees sustaining demurrers and dismissing petition in equity affirmed. This is a petition in equity filed in the Probate Court seeking the..., each alleging in substance inter and that the petitioners are on the face of the petition not persons aggrieved and have therefore no standing in these proceedings. The petitioners argue in their...

...claims for fraud, duress, and undue influence. Where plaintiff's claim for breach of contract arose pursuant to a contract under seal, the trial court erred in applying a three-year statute of...alleged fraud, duress, and undue influence of the defendant. Plaintiff also asserted breach of contract, alleging that defendant materially breached the provisions of paragraph 21 of the Separation..., Duress, and Undue Influence In her first argument, plaintiff contends that the trial court erred in applying a three-year statute of limitations to her claims for fraud...

...set aside the separation agreement and stipulation of settlement on the ground that they were procured by fraud, duress, and undue influence. The Supreme Court should have granted the defendant's cross...conclusory allegations of fraud and duress are insufficient to state a cause of action. Where, as here, the plaintiff accepted the benefits of the parties' agreement for over three years without....). Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's cross motion is granted, and the...

...unenforceable due to both duress and undue influence. In re Marriage of Balcof (Nov. 21, 2003, G030572) (nonpub. opn...hold that substantial evidence supports the trial court's findings on both duress and undue influence. In addition, the trial court did not err in receiving the testimony of Attorney Brenda Agren, the...judgment in favor of Ralph, holding that the October 1999 writing was unenforceable due to duress and undue influence. It thereafter denied Kathleen's new trial motion. Kathleen again appeals...

...make such an agreement, and that the stipulation was a product of duress and undue influence. The trial court granted respondent's motion, finding that the circumstances surrounding the stipulation...capacity to enter into the stipulation, which was the basis of the dissolution decree. Respondent also argues that he was subject to duress and undue influence when the stipulation was signed...dissolution decree. Although duress and undue influence upon a party may also amount to a fraud, the evidence on duress and undue influence was conflicting and does not alone...

...rescission of plaintiff's release of option rights or damages on the grounds of duress and undue influence, contains allegations of the most tenuous nature. Plaintiff's claims that defendants took advantage of...." Plaintiff's claims of duress and undue influence are based upon the allegations in paragraph 13th of his complaint that there was a "prior relationship of trust and confidence" between himself and the other...duress and undue influence. What plaintiff relies upon is the fact that he was told that he would be involuntarily discharged, without severance pay and that this might be disclosed to prospective...

...duress and undue influence. It is a fundamental axiom of civil service law that the employment of a probationary appointee may be terminated without specific reasons being given..., revealed the presence of cannabis. The petitioner was suspended and was allegedly offered the opportunity to resign or be dismissed from the Department. He chose to resign and submitted a handwritten..., without charges filed, and without a hearing (see, Matter of Talamo v. Murphy, 38 N.Y.2d 637...

...grounds of duress and undue influence in which the chancellor who heard the matter died prior to his adjudication and another judge made fact findings on the record already made and ordered..., his former wife had successfully used threats, duress, and undue influence to compel him to sell his interest in the business to her. Appellee answered the complaint and..., 1967. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ. Appeal, No...

...mother's consent was obtained by means of fraud, duress and undue influence. The natural mother contends that the lower court erred: 1. When it...to set aside the adoption decree because her consent was obtained by means of fraud, duress and undue influence. The lower court found "no evidence of fraud in securing said...limitations prohibiting any direct or collateral attack on adoption decrees except on the ground of fraud. Natural mother contends that fraud includes duress and undue influence. She...

...— burden of proof In an action to enforce a premarital agreement executed prior to the enactment of N.C.G.S. Chapter 52B, the party claiming the invalidity of the agreement for reasons of undue influence, duress, fraud, unconscionability or inadequate disclosure has the burden of proof. Unlike the usual situation in which there is a dominant party who has the burden of showing the validity of the agreement, here there are two parties who are equally fiduciaries and equally...litigation Although undue influence and duress were not affirmatively pled as defenses to a premarital agreement, the trial court addressed those issues without objection and the pleadings are regarded...agreement — duress and undue influence — burden of proof not met The wife did not meet her burden of proof in showing that a premarital agreement was executed under duress and undue influence where the...

...." Upon the last trial, which is the subject of review on this appeal, the case appears to have been presented by the plaintiff on the theory that threats were used, and duress and undue influence exercised...; that the defendant took undue advantage of the plaintiff and his wife, of the circumstances in which the plaintiff stood, surrounded as he was by his family; that this operated as duress and undue influence to...illegal and void. While fraud, duress and undue influence employed in procuring a contract for the payment of money may vitiate and destroy the obligation created, and render it of no effect, and the...

...]; Bruechaud v Bank of New York Trust Co., 157 Misc. 375, 376; 25 Am Jur 2d, Duress and Undue Influence, § 30). ...defense is that defendant Mitchell was forced to give the collateral mortgage through economic duress, i.e., that plaintiff, who had financed defendant's auto dealership and held defendant's personal.... Present — Hancock, Jr., J.P., Denman, Boomer, Green and Moule, JJ. Order and judgment unanimously affirmed, without costs...