Moyle v. McKean
Utah Supreme Court
Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Oscar W. Moyle, administrator of the estate of P. G. McKean, deceased, against Theodore McKean and Ruth Guliek McKean. Judgment for plaintiff. Defendants appeal. Appellant’s Points. The right of an adult, sound in mind and memory and not unduly influenced, to dispose freely of his property is an uncontrovertible rule of law.
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Appeal from District Court, Third District; Hon. M. L. Ritchie, Judge. Action by Oscar W. Moyle, administrator of the estate of P. G. McKean, deceased, against Theodore McKean and Ruth Guliek McKean. Judgment for plaintiff. Defendants appeal. Appellant’s Points. The right of an adult, sound in mind and memory and not unduly influenced, to dispose freely of his property is an uncontrovertible rule of law. A transaction between parent and child does not raise a presumption of undue influence, and the burden is on the person attacking such transaction to show its invalidity.' (Note 35 L. R. A.…
1Opinion of the CourtFrick, J.
The plaintiff, as the administrator of the estate of Mary P. G-. McKean, deceased, brought this action to set aside certain conveyances of real property and transfers of personal property which were made by the deceased during her lifetime to the defendants, who are her children, and which conveyances and transfers, it is alleged in the complaint, were procured by the defendants by deception and undue influence practiced upon the deceased.
1, 2 The plaintiff has filed a motion to strike the bill of exceptions upon various grounds, among others, that the proposed bill was not served nor settled…
2Cases cited8 opinions
- Dayton v. FreeUtah Supreme Court · 1914
- Felt v. CookUtah Supreme Court · 1906
- Warnock Insurance Agency v. Peterson Real Estate Investment Co.Utah Supreme Court · 1909
- Butter v. LamsonUtah Supreme Court · 1905
- Tooele Improvement Co. v. HoffmanUtah Supreme Court · 1914
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3Cited by5 opinions
- J. C. Penney Co. v. GravelleNevada Supreme Court · 1944
- Davis v. LynhamUtah Supreme Court · 1926
- Harris v. SpeirsUtah Supreme Court · 1920
- Jenkins v. StephensUtah Supreme Court · 1927
- Johnson v. Continental Casualty Co.Utah Supreme Court · 1931