Legal Opinion
Compton v. First National Bank of Monterey
Indiana Court of Appeals
Decided January 19, 2010No. 66A03-0906-CV-249PublishedCited by 6 opinions
1Opinion of the Court
OPINION
VAIDIK, Judge.
Case Summary
In light of the 2005 amendment to Indiana Code section 30-5-9-2(b), the common law presumption of undue influence does not apply to a transaction where the principal takes action, the power of attorney is unused, and the attorney in fact benefits. Here, Stephen Craig Compton and his son Scott W. Compton, who also served as Stephen's attorney in fact, and Scott's wife Angela F. Compton en tered into contracts while Stephen was hospitalized shortly before his death. Because the evidence shows that Stephen took action, the power of attorney was unused, and Scott…
2Cases cited8 opinions
- Quillen v. QuillenIndiana Supreme Court · 1996
- Menard, Inc. v. Dage-MTI, Inc.Indiana Supreme Court · 2000
- Jay Myoung Yoon v. Sunsook YoonIndiana Supreme Court · 1999
- Grub v. Estate of WadeIndiana Court of Appeals · 2002
- Nichols v. Estate of TylerIndiana Court of Appeals · 2009
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Miller v. MillerIndiana Court of Appeals · 2010
- Anita J. Woodson v. Rhonda Randall as Personal Representative of the estate of Joanne F. RoacheIndiana Court of Appeals · 2026
- Charles E. Gatewood, II, and Rita L. Gatewood v. John A. Gatewood, as Personal Representative of the Estate of Margaret H. Gatewood (mem. dec.)Indiana Court of Appeals · 2016
- Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. RowlandIndiana Court of Appeals · 2013
- Lyndsay A Hummer v. Allen D. DonathanIndiana Court of Appeals · 2024
1 more not listed; retrieve them via the Exa API.