Kar v. Hogan

In Kar v. Hogan, 399 Mich 529, 537; 251 NW2d 77 (1976), the Court found that the deceased was not unduly influenced. She was seventy-two years old and physically declining. Id. She had been hospitalized several times. Id. However, there was evidence that she was strong-willed and mentally competent and capable of handling her own affairs. Id. at 542. Her lawyer testified that she acted of her own will and was not subject to undue influence when she engaged in the transaction that was at issue. Id. at 543. Although there was testimony to the contrary, the Court found that evidence establishing that she was strong-willed and capable of handling her own affairs, coupled with the testimony from her lawyer, was sufficient to rebut the presumption of undue influence. The Court, noting that the deceased "sought out and retained independent counsel and supplied the impetus behind the procurement of the deed," found that the petitioners failed to meet their burden of persuasion on the issue of undue influence. Id. at 543-544.