Markell v. Sidney B. Pfeifer Foundation, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding relationship of trust and confidence when defendant obtained plaintiff s signature on documents knowing that defendant had not read or understood them
• where aunt “had the utmost trust and confidence” in nephew and relied on his “judgment and integrity in committing to him the management of her securities”
• judge may seek assistance of counsel for party in whose favor crucial issues of veracity have been decided to organize findings consistent with judge’s pivotal decision as to credibility
• fiduciary relationship may be found where plaintiff is “in fact dependent on another’s judgment”
• in a fiduciary relationship “where there is also a relationship of family or friendship, gifts or other acts of generosity are natural and to be expected[, and] the reason for the presumption of impropriety dissolves”
• describing the executor-legatee relationship as “strictly fiduciary”

Source: CourtListener parenthetical corpus (CC0).