Hobart's Admr. v. Vail
Supreme Court of Vermont
Appeal in Chancery, Washington County. Heard at Chambers, July 31, 1905, on the pleadings, master’s report and exceptions thereto. Decree, pro forma, overruling the exceptions, and ordering that the defendant pay the orator the sum of seventy dollars and twenty-five cents, with costs. The orator appealed. The opinion states the case.
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Appeal in Chancery, Washington County. Heard at Chambers, July 31, 1905, on the pleadings, master’s report and exceptions thereto. Decree, pro forma, overruling the exceptions, and ordering that the defendant pay the orator the sum of seventy dollars and twenty-five cents, with costs. The orator appealed. The opinion states the case. Where an antecedent fiduciary relation exists, ■ a court of equity will presume undue influence, and cast upon the party in whom the confidence is reposed the burden of proving the contrary. Pomeroy’s Eq. Jur. §9.55; Richmond’s Appeal, 59 Conn. 226; Pironi v.…
1Opinion of the CourtMunson, J.
At the time of the transactions in question Mrs. Hobart, the. orator’s testatrix, was about eighty years old. She and her husband were people of small means and limited business experience, inclined to narrow views and economical in their dress and living, but greatly interested in religious and missionary work, and liberal in its support. Their only daughter had lived'with them much of the time, and had expended considerable sums in improving their place. Shortly before her death, realizing that her parents would be left without any near friend to cafe for and assist them, and acting with…
2Cases cited5 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Fisher v. . BishopNew York Court of Appeals · 1888
- Reed v. PetersonIllinois Supreme Court · 1878
- Connor v. Trawick's Adm'rSupreme Court of Alabama · 1861
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- Lessing v. GibbonsCalifornia Court of Appeal · 1935
- Labor, B.N.F. v. CarpenterSupreme Court of Vermont · 1930
- Hale v. Windsor Savings BankSupreme Court of Vermont · 1916
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