Kirchoff v. Bernstein
Oregon Supreme Court
From Multnomah: George E. B aglet, Judge. In Banc. Daniel Kunkel died on January 17, 1914. He left an estate consisting of real, and personal property of the aggregate value of $98,886.08. The real property embraced three lots located in Portland.
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From Multnomah: George E. B aglet, Judge. In Banc. Daniel Kunkel died on January 17, 1914. He left an estate consisting of real, and personal property of the aggregate value of $98,886.08. The real property embraced three lots located in Portland. Two of these lots were worth $25,000 and the third lot was valued at $4,500. The personal property included cash in bank amounting to $41,265.28, a secured promissory note which was worth $27,500, its face value, and other items amounting to $620.80. Daniel Kunkel executed a will on December 2, 1912, by the terms of which he named Edward Schiller…
1Opinion of the CourtHarris, J.
1-3. The rules which define the duties of an attorney when dealing with his client are well established. The relation between an attorney and client has always been treated as one of special trust and confidence; and for that reason the law requires that the conduct , of an attorney, when dealing with his client, shall be characterized by fairness, honesty and good faith. Indeed, so strict is the injunction not to take advantage of the client, that when a client challenges the fairness of a contract made with his attorney the latter has the burden of showing not only that he used no undue…
2Cases cited3 opinions
- Harrington v. JonesOregon Supreme Court · 1909
- Phipps v. WillisOregon Supreme Court · 1908
- Hamilton v. HolmesOregon Supreme Court · 1906
3Cited by8 opinions
- In Re Lobb's WillOregon Supreme Court · 1945
- Toomey v. MOORE ET UXOregon Supreme Court · 1958
- In Re Complaint as to the Conduct of BartlettOregon Supreme Court · 1978
- In Re Complaint as to the Conduct of HowardOregon Supreme Court · 1987
- In Re Complaint as to the Conduct of HannonOregon Supreme Court · 1958
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