McClure v. Lewis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. All contracts between guardian and ward, which are favorable to the guardian and injurious to the ward, are presumptively void.
Read the full summary
Appeal from St. Louis Court of Appeals. All 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 ; Yosti v. Laughran, 49 Mo. 594, Cadwallader v. West, 48 Mo. 483 ; Banken v. Patton, 65 Mo. 378; Perry on Trusts, § 195; Coles v. Trecothick, 9 Ves. 234 ; Taylor v. Taylor, 8 How. 199; Espey v. Lake, 10 Hare 260. This principle applies to all cases where there is weakuess and confidence on the one side, and strength, position and abuse of confidence on the other. Long v. Mulford, 17 Ohio St. 484,…
1Opinion of the CourtHenry, J.
Lewis is the husband of a niece of the plaintiff, who, after the death of her two brothers, went to live with Lewis and his wife, on a farm in St. Louis county. •She had, for many years, been in very delicate health. Her brother John diedin the spring, and her brother Francis in the fall, of 1871. She and these brothers, neither of whom had ever married, had lived together for many years, in great love and harmony, and their death seriously affected her, and aggravated the complication of diseases of which she had long been a sufferer. After she went to live with defendant, and while there,…
2Cases cited2 opinions
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Yosti v. LaughranSupreme Court of Missouri · 1872
3Cited by13 opinions
- Cook v. HigginsSupreme Court of Missouri · 1921
- Hogan v. LeeperSupreme Court of Oklahoma · 1913
- Bogie v. NolanSupreme Court of Missouri · 1888
- Cornet v. CornetSupreme Court of Missouri · 1913
- In Re SpannSupreme Court of Oklahoma · 1915
8 more not listed; retrieve them via the Exa API.