Burger v. Krall

We give onr attention first to three questions of fact: (1) Whether a relationship of trust and confidence in fact between decedent and defendants existed. If so, (2) whether defendants, through such relationship and in their dealing with decedent personally, obtained an advantage or profit. And if so, (3) whether the profit or advantage obtained by each was separable and several from that obtained by the other and obtained severally and separably from each other or jointly. The evidence is not materially in conflict. Only the conclusions of fact and of law to be drawn from facts proved are…