Edna M. Cuthbert v. Arthur H. Heidsieck

This is a suit to set aside a gift made December 16, 1959, by Mabel S. Adams to Arthur H. Heidsieck, Mrs. Adams' attorney,
of two hundred shares of United States Steel Corporation common stock on the ground of undue influence practiced by said attorney
upon said client. We have appellate jurisdiction because of the amount in dispute. Mrs. Edna M. Cuthbert was appointed Guardian
of the Estate of Mabel S. Adams, Incompetent, on September 26, 1960. She filed this suit January 25, 1961, as such guardian.
A trial resulted in a decree and judgment for the plaintiff, the trial court retaining jurisdiction so far as necessary to
effectuate said decree and judgment. Mrs. Adams died pending defendant's appeal, and plaintiff, as Executrix of the Estate
of Mabel S. Adams, Deceased, has been substituted as party respondent. Under plaintiff's petition and defendant's answer the following facts stand admitted: Plaintiff's capacity as guardian aforesaid.
Mrs. Adams' ownership on or about December 16, 1959, of the 200 shares of United States Steel Corporation stock. Defendant,
for a long time prior to December 16, 1959, was the trusted lawyer, financial advisor and confidant of Mrs. Adams and a fiduciary
and confidential relationship existed between them. Mrs. Adams on December 16, 1959, transferred said stock to defendant as
a gift. These admissions were offered in evidence.