No Undue Influence or Unjust Enrichment in Execution of Deed

In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her husband five years before, was not sufficient to establish a confidential relationship or weakened intellect and summary judgment for the defendant was granted. A claim for unjust enrichment was denied because the four year statute of limitations had run, and because the evidence showed that the plaintiff had intended to benefit the defendant so the enrichment was not unjust. Stackhouse v. Gordner, 10 Fid.Rep.3d 330 (Lycoming C.P. 2020).

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