THE BIBLE SPEAKS

THE BIBLE SPEAKS - implicated Attempts by the recipient to...

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United States Court of Appeals, First Circuit. In re THE BIBLE SPEAKS, Debtor. Elizabeth DOVYDENAS, Plaintiff, Appellee, v. THE BIBLE SPEAKS, Defendant, Appellant. No. 88-1254. Heard Oct. 4, 1988. Decided March 9, 1989. Facts There were three major gifts made by plaintiff to TBS (church) in the amounts of $1,001,031.25, $5,000,325 and $500,000 and a number of smaller gifts totaling $80,000. US Bankruptcy Court held that church exerted undue influence over donor, Church appealed. Pastor Stevens had very close relationship with plaintiff, one in which plaintiff-sought advice on regular basis. Much of the testimony by plaintiff was disputed, denied or contradicted by Pastor Stevens Issues Did the church exert undue influence over donor? Rules MASSACHUSETTS LAW ON UNDUE INFLUENCE THE FIRST AMENDMENT DEFENSE Rationale Free exercise clause to the first amendment is not
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Unformatted text preview: implicated Attempts by the recipient to isolate the donor from her former friends and relatives can be considered in determining undue influence There is a presumption of undue influence when a gift is made pursuant to a confidential relationship Conclusion The rescission of the gift of one million dollars is reversed. The rescission of the gifts totaling $80,000 is reversed. Affirmed in part, reversed in part. No costs to either party on appeal. The motion of April 12, 1988 by plaintiff to dismiss this appeal on the grounds that TBS has no standing to appeal is denied. United States Court of Appeals, First Circuit. In re THE BIBLE SPEAKS, Debtor. Elizabeth DOVYDENAS, Plaintiff, Appellee, v. THE BIBLE SPEAKS, Defendant, Appellant. No. 88-1254. Heard Oct. 4, 1988. Decided March 9, 1989....
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THE BIBLE SPEAKS - implicated Attempts by the recipient to...

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