Comstock v. Comstock
New York Supreme Court
APPEAL from a decree of the surrogate of Saratoga county, on a final accounting hy the respondent as executor of Abi Comstock, deceased. The testatrix became a widow in 1846, and from that time until her death in 1860, resided with the respondent, her son, and who acted as her agent in the collection of rents and other moneys. The testatrix, at the time of her death, was over eighty years old.
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APPEAL from a decree of the surrogate of Saratoga county, on a final accounting hy the respondent as executor of Abi Comstock, deceased. The testatrix became a widow in 1846, and from that time until her death in 1860, resided with the respondent, her son, and who acted as her agent in the collection of rents and other moneys. The testatrix, at the time of her death, was over eighty years old. In his account the respondent omitted to credit the estate with money received by him, as agent for the testatrix, previous to September 14, 1858 ; and he charged the estate with a balance for board of…
1Opinion of the Court
By the Court, James, J.
It is a well settled rule of equity jurisprudence, that all gifts, contracts, or benefits, from a principal to one occupying a fiduciary or confidential ^relation to him, are constructively fraudulent and void. The court, in such cases, acts upon the principle “ that if confidence is reposed, it must be faithfully acted upon; if influence is acquired, it must be kept free from the taint of selfish interest, and cunning and overreaching bargains.” “ In this class of cases, there is often found some inter-mixture of deceit, imposition or overreaching advantage, or other…
2Cited by12 opinions
- Nobles v. HuttonCalifornia Court of Appeal · 1907
- Allen v. . La VaudNew York Court of Appeals · 1915
- In re MerrillAppellate Division of the Supreme Court of the State of New York · 1926
- Appeal of MiskeySupreme Court of Pennsylvania · 1883
- Peppler v. RoffeSupreme Court of New Jersey · 1937
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