FRANCOIS V. FRANCOIS
599 F.2d 1286 (3rd Cir.1979), cert. denied, 444 US. 1021 (1980)
NATURE OF THE CASE: This was an appeal from an order rescinding a property settlement
agreement. Francois (D) appealed from the judgment contending that the district court erred
in setting aside a property and separation agreement with Francois (P), and erred in placing
the burden of proof on her to demonstrate the fairness of the transaction.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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