Gladys Whatley was hospitalized for blindness, diabetes, and various problems with her hips. At the time of her admission, hospital personnel described her as "considerably impaired" mentally. She received various medications while in the hospital and

the medical records refer to her as "ill" and "appearing very weak." While she was in the hospital, her daughter, Kay, brought Gladys a new will in which some beach property owned by Gladys was conveyed to Kay and her husband. Kay had Gladys execute the new will. After Gladys was released from the hospital to Kay's care, Kay had a deed drawn up in which the beach property was conveyed to Kay and her husband outright. When the remaining children learned of the conveyance, they sought an easement so that they could use the beach on the property. When Kay refused, they sought to have the will and deed set aside for undue influence. Can they succeed?

?Yes, they can succeed because there was undue influence because of the condition of Gladys, her dependency on Kay, and Kay drawing up the paperwork. Avery v. Whatley, 670 A.2d 922 (Me. 1996).