COLEMAN v. NEWBORN

C.A. No. 2354-VCL.

948 A.2d 422 (2007)

Miriam A. COLEMAN, Plaintiff, v. Blanche NEWBORN, Defendant.

Court of Chancery of Delaware.

Decided: November 27, 2007.


Attorney(s) appearing for the Case

Kenneth J. Nachbar, Esquire, Amaryah Kishpaugh, Esquire, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware; Eliza M. Hirst, Esquire, Community Legal Aid Society, Inc., Wilmington, Delaware, Attorneys for the Plaintiff.

Kathryn J. Laffey, Esquire, Kelleher & Laffey, Wilmington, Delaware, Attorney for the Defendant.


OPINION

LAMB, Vice Chancellor.

This is an action to rescind a deed conveying an elderly and disabled person's home (her only substantial asset) to her sister who, at the time of the transfer, was acting as the elderly person's attorney-in-fact. Following trial, the court concludes that, although the power of attorney was not used to effect the gratuitous transfer and although there is no clear evidence that the sister exerted undue influence in connection...

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