Smiley v. Johnson

HECHT, Justice.

John F. Tufts, Sr. (“Senior”) has been adjudicated non compos mentis. His son, John F. Tufts, Jr. (“Junior”), claiming to be Senior’s attorney-in-fact, conveyed Senior’s property to a joint venture in which Junior owned a one-third interest. When Senior’s daughter, Mary Frances Smiley, complained to the probate court of Junior’s self-dealing, the probate court held that Junior had breached his fiduciary duty to Senior. Nevertheless, the probate court approved the sale. Smiley appeals on her father’s behalf. We reverse the judgment of the probate court, render judgment in favor…