Marshall v. Marshall

How courts have described this case

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

• recognizing a fiduciary relationship between spouses
• recognizing a fiduciary relationship between spouses
• confidential relationship between husband and wife through marriage requires dealing in good faith
• confidential relationship between husband and wife through marriage requires dealing in good faith
• husband’s giving up a meritorious claim for divorce and reconciling was not consideration for his wife’s transfer of property, because he filed for divorce after receiving the property and had lived with wife only intermittently in between
• “[T]he law requires that one who receives property from another with whom he has a confidential relationship has the burden of showing that the transfer was fair and made with the utmost good faith.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Burnside v. Burnside
  West Virginia Supreme Court· 1995-03-31· cited 186×
• LaRue v. LaRue
  West Virginia Supreme Court· 1983-05-27· cited 103×
• Levine v. Levine
  New York Court of Appeals· 1982-05-18· cited 78×
• In Re Marriage of Tabassum and Younis
  Appellate Court of Illinois· 2007-12-07· cited 50×
• Charlton v. Charlton
  West Virginia Supreme Court· 1992-01-06· cited 32×
• Koontz v. Koontz
  West Virginia Supreme Court· 1990-07-20· cited 20×
• Pajak v. Pajak
  West Virginia Supreme Court· 1989-04-06· cited 18×
• Gangopadhyay v. Gangopadhyay
  West Virginia Supreme Court· 1991-02-13· cited 13×
• Pacelli v. Pacelli
  New Jersey Superior Court App Division· 1999-03-09· cited 10×
• Napier v. Compton
  West Virginia Supreme Court· 2001-10-26· cited 7×
• Nugen v. Simmons
  West Virginia Supreme Court· 1997-06-10· cited 7×
• Nicholson v. Nicholson
  New Jersey Superior Court App Division· 1985-03-22· cited 4×
• Divel v. Divel
  West Virginia Supreme Court· 1987-11-17· cited 3×
• In re Marriage of Tabassum
  Appellate Court of Illinois· 2007-12-07
• Juanita Sanders v. William Brown
  West Virginia Supreme Court· 2018-11-21
• Arthur R. Poff v. Pamela A. Poff
  Int. Ct. of App. of W.Va.· 2024-03-13

Cites

11 cases in this archive are cited by this case.

• Kulchar v. Kulchar
  California Supreme Court· 1969-12-23· cited 92×
• Peyton v. William C. Peyton Corp.
  Supreme Court of Delaware· 1939-06-20· cited 69×
• Victor M. Francois v. A. Jane Francois, George H. Adams and William H. Dick, D/B/A Ad'm Enterprises, a Limited Partnership. Appeal of A. Jane Francois
  Third Circuit· 1979-06-11· cited 49×
• McCarty v. McCarty
  Supreme Court of Missouri· 1957-04-08· cited 43×
• Kanawha Valley Bank v. Friend
  West Virginia Supreme Court· 1979-04-10· cited 39×
• Bohn v. Bohn
  Court of Appeals of Texas· 1967-09-14· cited 22×
• Putnam v. Putnam
  Supreme Court of Alabama· 1963-02-07· cited 21×
• D'Arc v. D'Arc
  New Jersey Superior Court App Division· 1978-11-20· cited 19×
• Work v. Rogerson
  West Virginia Supreme Court· 1968-03-26· cited 18×
• Whitney v. Seattle-First National Bank
  Washington Supreme Court· 1978-06-01· cited 13×
• Young v. Young
  West Virginia Supreme Court· 1954-02-16· cited 1×