- Krida and Reeves (Ds) were hired to provide 24 hr care for Nancy Hooper (T) after returning home from hospital due to Alzheimer’s
- T’s condition improved under their care
- Ds persuaded T that T’s relatives were wasting her money and wanted to put T in a nursing home, neither of which were true.
- T executed a deed and a will that favored Ds
- TC set aside deed and will
- Ds appealed
Whether Ds committed fraud and undue influence to become beneficiaries under T’s will
- Since frauds are generally secret, they have to be tracked by footprints, marks and signs made by the perpetrators and discovered in the light of the attending facts and circumstances.
- Yes, affirmed
- Ds status as nurses constituted a fiduciary/confidential relationship w/ T and Kirda got further fiduciary obligations under POA she obtained
- Ds made false statements to T and concealed facts from her.
- Ds eavesdropped on telephone conversations and abused their influence on T
- Ds offered no proof to refute these statements and TC found that Jean Law (T’s niece) kept meticulous records
- Ds systematically separated T from her family
Ds isolated T and controlled access to her