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ALLARD v. JOHNSON

No. 20060080.

724 N.W.2d 331 (2006)

2006 ND 243

Viola ALLARD, Plaintiff and Appellant v. Karen JOHNSON, Defendant and Appellee.

Supreme Court of North Dakota.

November 28, 2006.

Attorney(s) appearing for the Case

Kevin J. Chapman (argued), Chapman Law Office, Williston, ND, for plaintiff and appellant.

Karen Johnson (argued), Williston, ND, defendant and appellee pro se.

KAPSNER, Justice.

[¶ 1] Viola Allard ("Allard") appeals from a judgment in which the district court did not apply a statutory presumption of insufficient consideration and undue influence by her attorney-in-fact. We reverse and remand for further proceedings.

I

[¶ 2] Allard, a 76-year-old blind woman, brought suit against her former caregiver and attorney-in-fact under a durable power of attorney...

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