undue influence ? an improper or oppressive constraint or persuasion of another such that the will of the other party is overcome, and he or she is induced to perform or refrain from some act that he or she would not otherwise have done. Misusing a position of confidence, or taking unfair advantage of an infirmity or the desperate circumstance of another may give rise to a finding of undue influence.

© 2004 Bella Vista Publishing Company, Inc.  ISBN 0-9718225-0-6

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