DORAN, J.
The action herein was instituted by appellant executor of the estate of William Joseph Hayman, deceased, to set aside a certain deed to real estate executed by the decedent to the respondents Smith. It is alleged that a "friendly, confidential and/or fiduciary relationship" existed between respondents and decedent; that decedent, aged 81, was mentally and physically feeble, and that the respondents "took advantage of their confidential relationship to gain...
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