Defendants obtained a deed from plaintiffs' testator shortly before he died. Plaintiffs, his residuary devisees, filed a bill seeking cancellation of the deed, alleging that it was procured by undue influence. Defendants demurred on the ground that undue influence is a species of fraud and the power to rescind a conveyance for fraud does not survive the grantor's death. The demurrer was overruled. On appeal, held, affirmed. The power to rescind was not extinguished by the grantor's death. Glojek v. Glojek, (Wis. 1948) 35 N.W. (2d) 203.
Stephen A. Bryant,
EQUITY-POWER TO RESCIND CONVEYANCE FOR FRAUD-SURVIVAL,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss8/20