M'Callum v. Graham

The Court ( altering the judgment of Lord Wellwood) disallowed the issue of undue influence, on the ground that facility was the basis of the case made by the pursuer on record.

This was an action at the instance of Mrs M'Callum for reduction of an alleged general disposition and settlement executed by her niece Miss Middleton, dated 28th March 1893, whereby Miss Middleton bequeathed her whole means and estate to the defender Mrs Graham, under burden of payment of her debts, and a legacy of £100 to the Royal Infirmary.

The pursuer was the residuary legatee under an earlier trust-disposition and settlement executed by the deceased.

It only remains to consider whether there are sufficient statements on record to warrant an issue of undue influence. I am of opinion that there are. The pursuer avers that the defender, having been employed as a nurse to prevent Miss Middleton from drinking, instead of doing so, gave her facilities for drinking, and by this means, and by excluding her relations and friends, obtained such ascendency over her, that in the course of a few months she obtained a will leaving everything to herself, with the exception of a legacy to the Infirmary.

A nurse has as great, if not greater, opportunities of acquiring an ascendency over her patient than a medical man has, who probably visits his patient only once a day, if so often; and I therefore see no reason why an issue of undue influence should not be granted in the present case.”