Couchman's Admr. v. Couchman
Court of Appeals of Kentucky
Case 21 — PETITION EQUITY — APPEAL FROM CLARK CIRCUIT COURT. Where relations of special trust and confidence exist, and in cases where one stands in loco parentis to another, and majority has been but a short time attained, the law scrutinizes with a jealous eye any transaction between the parties, and if it appear that under the influence or during the continuance of the confidential relation between the parties an unjust and unreasonable disposition is made by one of the…
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Case 21 — PETITION EQUITY — APPEAL FROM CLARK CIRCUIT COURT. Where relations of special trust and confidence exist, and in cases where one stands in loco parentis to another, and majority has been but a short time attained, the law scrutinizes with a jealous eye any transaction between the parties, and if it appear that under the influence or during the continuance of the confidential relation between the parties an unjust and unreasonable disposition is made by one of the parties in favor of the other, in the absence of independent legal advice or consultation with disinterested friends, the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion" of the court.
Benjamin W. Couchman was a citizen of Clark county. He died in August, 1887, leaving as his widow the appellee, Elizabeth J. Couchman. He had no children. The appellant’s intestate, Amanda Couchman, was his niece, and in her early infancy she was taken by him and his wife and was reared and educated by them. She continued to live with them until his death, and afterward she lived with the widow until her death.
Couchman possessed quite a valuable estate at his death. He made a will devising a considerable portion to his widow. He bequeathed to…
2Cases cited1 opinion
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
3Cited by4 opinions
- Amado v. AguirreArizona Supreme Court · 1945
- Hemrich v. HemrichWashington Supreme Court · 1921
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1903
- Lamkin v. Robinson, Court of Common Pleas of Ohio, Hamilton County1910