Where a gift is procured through the undue influence of a spouse over the donor, and the property was jointly owned, the appropriate remedy may be a constructive trust over only the donor's share rather than rescission of the entire transfer. The relevant date for assessing delay for laches purposes in undue influence cases is the date the influence ceased (here, the death of the influencing spouse), not the date of the impugned transaction. An appellate court may decline to remit where the trial judge had no advantage on credit, the further evidence is limited, and the appellant's advanced age makes finality imperative.
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