Legal Opinion

Thaw v. Thaw

Court of Appeals for the Second Circuit

Decided July 2, 1928No. 354PublishedCited by 10 opinions

1Opinion of the Court

MANTON, Circuit Judge.

This appeal brings into question a decree denying relief the appellant sought against appellee to set aside a gift made to him, of $600,000 on the ground of undue influence, overreaching, and unconscionable advantage. She was advanced in age and in extreme physical and mental weakness. The appellee is also charged with taking advantage of a confidential relationship existing between them and failing to exercise good faith and fair conduct toward her. Since the trial below, because of the mental condition of the appellant, a guardian ad litem has been appointed to…

2Cases cited16 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Allore v. JewellSupreme Court of the United States · 1877
  3. McConville v. InghamSupreme Court of Pennsylvania · 1920
  4. Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
  5. Post v. HaganSupreme Court of New Jersey · 1907

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Cartwright v. MintonCourt of Appeals of Texas · 1958
  2. Nakahara v. NS 1991 American TrustCourt of Chancery of Delaware · 1998
  3. Ingram v. LewisCourt of Appeals for the Tenth Circuit · 1930
  4. Bergren v. BerggrenWyoming Supreme Court · 1957
  5. Murphy v. CartwrightCourt of Appeals for the Fifth Circuit · 1953

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API