Johnson’s children challenged the validity of the deed. Should the deed be declared invalid due to Ficky’s undue influence? Explain.
Decedent Judith Johnson, a bedridden, lonely woman of eighty-six years, owned outright Greenacre, her ancestral estate. Ficky, her physician and friend, visited her weekly and was held in the highest regard by Johnson. Johnson was extremely fearful of suffering and depended upon Ficky to ease her anxiety and pain. Several months before her death, she deeded Greenacre to Ficky for $10,000. The fair market value of Greenacre at this time was $250,000. Johnson was survived by two children and six grandchildren. Johnson’s children challenged the validity of the deed. Should the deed be declared invalid due to Ficky’s undue influence? Explain.
The agreement of transfer of property includes misrepresentation of the fair market value of $10,000 instead of $250,000.Individual F hasa trustworthy relationship with Individual J. Both reasons point toward the property beingtransferred under undue influence and the contract can be voidable by the legal heir of Individual J.
The contract is voidable by either party because the contract was made under unjustifiable influence of Individual F on Individual J and the successors of Individual J has theright contention over the contract.