McHarry v. Irvin's Ex'r
Court of Appeals of Kentucky
Case á6 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. T. The deed of trust of December 16,1882, and the instrument of May 12, 1880, should be set aside for the following among many other reasons: 1. Because Irvin occupied confidential business relations with the plaintiff, and had no right to acquire all of her estate without adequate consideration and the utmost fair dealing; and the burden of establishing such facts is upon him, and his representatives…
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Case á6 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. T. The deed of trust of December 16,1882, and the instrument of May 12, 1880, should be set aside for the following among many other reasons: 1. Because Irvin occupied confidential business relations with the plaintiff, and had no right to acquire all of her estate without adequate consideration and the utmost fair dealing; and the burden of establishing such facts is upon him, and his representatives have wholly failed to remove such burden. While in cases of actual fraud the burden of proof is on the party complaining, a…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In February, 1857, Francis McHarry died, resident of the city of Louisville, intestate, leaving appellant,, then about forty-eight years of age, his widow, and. Amelia, Francis A. and Florence, his only children and. heirs at law, the first named of the three having just arrived at full age and the other two being infants. In due time appellant was appointed administratrix, of the estate and guardian of the infants. But, in about five months after the death of her father, Amelia became the wife of James F. Irvin, then between forty-five and fifty…
2Cited by11 opinions
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Hitchcock v. TackettCourt of Appeals of Kentucky (pre-1976) · 1925
- Brown v. SlatonCourt of Appeals of Kentucky · 1916
- Turner's Administrator v. WardCourt of Appeals of Kentucky · 1923
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