NC · jury_instructions
N.C.P.I.—Civil 850.15
DEEDS - ACTION TO SET ASIDE-UNDUE INFLUENCE.
The (state number) issue reads:
"Was the [execution][delivery] of (identify deed) by (name grantor)
procured by undue influence?"1
On this issue the burden of proof is on the plaintiff.2 This means
that the plaintiff must prove, by the greater weight of the evidence, that
the [execution] [delivery] of (identify deed) by the (name grantor) was
procured by undue influence.
Undue influence occurs when a grantor's professed act is not his
own, but is in fact the act of the person exerting the influence.3 Influence
is undue when it causes a grantor [to execute a deed he would not have
otherwise executed4] [to deliver a deed he would not have otherwise
delivered]. The undue influence must act upon the free will of a grantor
at the time he [executes] [delivers] the deed.5
The existence of undue influence is for you to determine from all
the facts and circumstances in evidence. You may consider, together with
all the other relevant facts and circumstances, the following:6 (name
grantor's)
[age]
[physical condition]
[mental condition]
[dependence upon] [association with] [relationship with] [custody
by] (state name of person exerting influence)]
[opportunity to [associate] [have a relationship] with persons other
than (state name of person exerting influence)]
[relationship (by blood) to the grantee(s) of the deed]
[the degree to which (name grantor) was influenced to [execute]
[deliver] the deed by (state name of person exerting influence)]
[(state any other relevant factors supported by the evidence)]
(Undue influence does not necessarily involve a bad or improper
motive).7
(Mere persuasion, without more, is not undue influence. A person
may use fair argument and persuasion to induce another to [execute]
[deliver] a deed in his favor.)8
(Influence gained by kindness and affection, without more, is not
undue, even if it induces a grantor to [execute] [deliver] a deed which
results in an unwise conveyance of his property.)9
Finally, as to the (state number) issue on which the plaintiff has
the burden of proof, if you find by the greater weight of the evidence that
the [execution] [delivery] of (identify deed) by (name grantor) was
procured by undue influence, then it would be your duty to answer this
issue "Yes" in favor of the plaintiff.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 850.15 (May 2002). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d3af678292f60df8ecb1001a06259d7f3376170c8fe690162badd7128c76b10c
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