undue

More than necessary; not proper; illegal. It denotes something wrong, according to the standard of morals which the law enforces in relations of men, and in fact illegal, and qualifies the purpose with which influence is exercised or result which it accomplishes. Morris v. Morris, 192 Miss. 518, 6 So.2d 311, 312

@ undue influence

Persuasion, pressure, or influence short of actual force, but stronger than mere advice, that so overpowers the dominated party's free will or judgment that he or she cannot act intelligently and voluntarily, but acts, instead, subject to the will or purposes of the dominating party. Any improper or wrongful constraint, machination, or urgency of persuasion whereby the will of a person is overpowered and he is induced to do or forbear an act which he would not do or would do if left to act freely. Influence which deprives person influenced of free agency or destroys freedom of his will and renders it more the will of another than his own. Misuse of position of confidence or taking advantage of a person's weakness, infirmity, or distress to change improperly that person's actions or decisions. Term refers to conduct by which a person, through his power over mind of testator, makes the latter's desires conform to his own, thereby overmastering the volition of the testator. Parrisella v. Fotopulos, 111 Ariz. 4, 522 P.2d 1081, 1083.

For purpose of executing instruments, such exists when there was such dominion and control exercised over mind of person executing such instruments, under facts and circumstances then existing, as to overcome his free agency and free will and to substitute will of another so as to cause him to do what he would not otherwise have done but for such dominion and control. Board of Regents of University of Tex. v. Yarbrough, Tex.Civ.App., 470 S.W.2d 80, 86, 92.

See also coercion

- duress

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