McClure v. Lewis
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Contracts between guardian and ward which are favorable to the guardian and injurious to the ward are presumptively void. — Garvin v. Williams, 44 Mo. 465 ; Ybsúi v. Laughran, 49 Mo. 594 ; Oadwallader v. West, 48 Mo. 483. A trustee cannot take beneficially, by gift or purchase, from the cestui que trust.— Perry on Tr., sec. 195; Coles v. Trecothick, 9 Ves. 234; Taylor v. Taylor, 8 How. 199 ; Bspy v. Lake, 10 Hare, 260. The foregoing…
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Appeal from St. Louis Circuit Court. Contracts between guardian and ward which are favorable to the guardian and injurious to the ward are presumptively void. — Garvin v. Williams, 44 Mo. 465 ; Ybsúi v. Laughran, 49 Mo. 594 ; Oadwallader v. West, 48 Mo. 483. A trustee cannot take beneficially, by gift or purchase, from the cestui que trust.— Perry on Tr., sec. 195; Coles v. Trecothick, 9 Ves. 234; Taylor v. Taylor, 8 How. 199 ; Bspy v. Lake, 10 Hare, 260. The foregoing principles may be invoked whenever there is weakness and confidence on the one side, and strength, position, and abuse of…
1Opinion of the CourtHaydeN, J.
This is an action to set aside two conveyances, a deed and a lease, made by the plaintiff to the defendant, on the ground of fraud and of undue influence exercised by the *556defendant over tbe plaintiff,'who, it is alleged, was weak of mind. In January, 1872, the plaintiff was the owner of a farm, lying some twelve miles from St. Louis, and of a lot in that city, the two pieces of property being, as claimed, of over the value of $16,000, and composing her estate. The conveyances were executed on January 6, 1872. The deed conveyed the farm and lot in fee to the defendant, with reservation of an…
2Cases cited6 opinions
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Crowe v. PetersSupreme Court of Missouri · 1876
- Ranken v. PattonSupreme Court of Missouri · 1877
- Yosti v. LaughranSupreme Court of Missouri · 1872
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