Legal Opinion

Wade v. Pulsifer

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 28 opinions

Heard at the February Term, 1881, on bill, answer, replication and the report of special masters. Ross, Chancellor, ordered, pro forma, that the bill be dismissed with costs ; but that the temporary injunction stand during the appeal.

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Heard at the February Term, 1881, on bill, answer, replication and the report of special masters. Ross, Chancellor, ordered, pro forma, that the bill be dismissed with costs ; but that the temporary injunction stand during the appeal. Hon. Timothy P. Redfield and Hon. Jonathan Ross were appointed special masters, who found and reported substantially as follows : Ira H. Allen, who resided in Irasburgh, in the County of Orleans, deceased on or about April 1, 1866. He left quite a large estate. He died intestate. He had been twice married, his wives being sisters. He left to share his estate,…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

Courts of equity look with a jealous eye upon all dealings between persons sustaining confidential relations to each other. They will not allow guardians, trustees, attorneys or other persons, whose duty it is to guard the interests of others to reap any advantage from the trust relations. They will not allow the promptings of self-interest to come in conflict with the requirements of duty.

This rule does not rest upon the theory that any actual fraud is present in the particular transactions; but upon the broader ground that in such relations…

2Cases cited4 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Wellborn v. TillerSupreme Court of Alabama · 1846
  3. Clark v. PhelpsNew York Court of Chancery · 1822
  4. Carroll v. RooseveltNew York Court of Chancery · 1843

3Cited by28 opinions

  1. Garrett v. Moore-McCormack Co.Supreme Court of the United States · 1942
  2. Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
  3. Waterman v. MoodySupreme Court of Vermont · 1918
  4. Trask v. Walker's EstateSupreme Court of Vermont · 1926
  5. Baber v. CaplesOregon Supreme Court · 1914

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