28-2-407. What constitutes undue influence. Undue influence consists in:
     (1) the use by one in whom a confidence is reposed by another or who holds a real or apparent authority over him of such confidence or authority for the purpose of obtaining an unfair advantage over him;
     (2) taking an unfair advantage of another's weakness of mind; or
     (3) taking a grossly oppressive and unfair advantage of another's necessities or distress.

     History: En. Sec. 2120, Civ. C. 1895; re-en. Sec. 4981, Rev. C. 1907; re-en. Sec. 7483, R.C.M. 1921; Cal. Civ. C. Sec. 1575; Field Civ. C. Sec. 760; re-en. Sec. 7483, R.C.M. 1935; R.C.M. 1947, 13-311.