Hennessey v. Milnor School District

Citations

• 994 N.W.2d 204
• 2023 ND 147

Syllabus

In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true. Undue influence is improper influence exercised in such a way and to such an extent as to destroy a person's free agency or voluntary action by substituting for the person's will the will of another. In nontestamentary cases, undue influence requires three factors be established: (1) A person who can be influenced (2) The fact of improper influence exerted and (3) Submission to the overmastering effect of such unlawful conduct. The law does not condemn all influence, only undue influence.