Garvin's Adm'r v. Williams
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. Whenever any one standing in a fiduciary relation receives a benefit from his dependent, the law looks on the act with suspicion, and either holds it void or so far condemned as to require from the donee proof that no undue influence or fraud induced the transaction.
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Jlppeal from St. Louis Circuit Court. Whenever any one standing in a fiduciary relation receives a benefit from his dependent, the law looks on the act with suspicion, and either holds it void or so far condemned as to require from the donee proof that no undue influence or fraud induced the transaction. But the court below decided that the fiduciary relation of guardian and ward attached no suspicion to, and raised no presumption against, the will; and'further, that all the facts mentioned in plaintiff’s second instruction did not fix on defendants the onus of disproving undue influence. ,…
1Opinion of the CourtWagner, Judge
This was a proceeding instituted in the Circuit Court of Chariton county, and taken, by a change of venue, to St. Louis county by the appellants, who are heirs at law and personal representatives of W. D. Peticrew, to set aside the probate of his will. The respondents are beneficiaries under the will.
It appears that the deceased, Peticrew, was left an orphan when a mere child, inheriting a large estate, and that he had neither brothers nor. sisters. The respondent John P. Williams was appointed guardian of his person and curator of his estate; and from the time of such appointment Peticrew…
2Cases cited5 opinions
- Meek v. PerryMississippi Supreme Court · 1858
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
- Gaither v. GaitherSupreme Court of Georgia · 1856
- Fish v. MillerNew York Court of Chancery · 1839
- In re Van HorneNew York Court of Chancery · 1837
3Cited by37 opinions
- Loehr v. StarkeSupreme Court of Missouri · 1933
- Daniel v. TolonSupreme Court of Oklahoma · 1916
- Woodbury v. WoodburyMassachusetts Supreme Judicial Court · 1886
- Chrisman v. CherismanOregon Supreme Court · 1888
- Weston v. TeufelIllinois Supreme Court · 1904
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