Ralston v. Turpin

Citations

• 129 U.S. 663
• 9 S. Ct. 420
• 32 L. Ed. 747
• 1889 U.S. LEXIS 1717

Syllabus

<p>An agent is bound to act with absolute good faith towards his principal, in respect to every matter entrusted to his care-and management. In ac-. cepting a gift from his principal he is under an obligation to withhold no information in his possession respecting the subject of the gift, or the condition of the estate in his hands, which good faith requires to be disclosed, or that may reasonably influence the judgment of the principal'in making the gift. All transactions between them whereby the. agent dé-, rives advantages beyond legitimate compensation for his services will be closely examined by Courts of Equity, and set aside if there bé any ground to'suppose that he has abused the confidence reposed in him.</p> <p>When the proof is conflicting upon the point of undue influence exerted upon.one making.provision by deed in favor of the person alleged to have exerted the influence, and it appears that the contestant, haying full knowledge of all the circumstances, made no averment in his original bill of the incapacity of the grantor, and did not raise that issue until an amended bill was filed a year later, that fact is entitled to weight in determining the case.</p> <p>When incapacity caused by drunkenness is alleged as a cause for annulling a deed, the vital inquiry is as to the capacity of the grantor when the deeds were executed, and not as to his capacity when drunk.</p> <p>Section 26G6 of the Code of Georgia, relating to gifts made to a guardian by a minor just after arriving at majority does not apply to the case of a deed or will in favor of his guardian made by a person some years after arriving at his majority; but even if it did apply, such a deed would be good if made with a full knowledge of the facts, and without any mis- ■ ■ representation or suppression of material facts by the guardian.</p> <p>•As the record in this case discloses nothing impeaching the final settlement made between the guardian and his ward, § 1847 of the Code of Georgia-does