Francois v. Francois

599 F.2d 1286 (3rd Cir.1979), cert. denied, 444 US. 1021 (1980)

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Nature of the Case

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Facts

Jane (D) married Victor (P). D was 30 with two previous children, two divorces, and no significant assets. P was 50 and had a significant amount of assets. During their marriage, D persuaded P to assign control of almost all of his assets to her. D then decided to divorce P, and she retained an attorney who drafted a property settlement agreement that was extraordinarily disadvantageous to P. D told P that unless he signed the agreement, there was no hope for the marriage. P's attorney advised P not to sign the agreement. P signed the agreement even though it conveyed all his remaining securities and his one-half interest in the marital home to D. D divorced P within a year. P sued D for rescission of the agreement and a reconveyance of the properties because of undue influence. The trial court found for P. D appealed.