Burch v. George

KENNARD, J., Dissenting.

In this case a husband, without his wife’s knowledge or consent, took his wife’s property and gave it to his relatives as part of his estate plan. One might expect, in view of the relationship of trust and confidence between marriage partners, that this maneuver would not survive judicial scrutiny. But a majority of this court places its stamp of approval upon this breach of trust, and comes dangerously close to endorsing marital duplicity in financial matters. I dissent.

Frank Burch caused his lawyers to draw up a will and trust that, unbeknownst to his wife Marlene,…