FIDUCIARY, CONFIDENTIAL, AND KINDRED RELATIONS, – continued. fraudulent settlements, 345. voluntary interference in estates, 345, 346. treating with heirs in such cases, 346. gifts to person transacting business for administrator, 346. - sale to executor or administrator may be opened, and will be con- composition of claim by executor or administrator, 347. (See EXECUTORS AND ADMINISTRATORS.) Mortgagor and Mortgagee, 135, 347-350. right of redemption after conveyance of equity, 347. when sale of equity binding, 347, 348, 349. sale under power in a mortgage, 349. mortgagee in such case a trustee, 349, 350. may purchase, when, 349, 350. mortgagee selling under power of attorney, 350. what will constitute evidence of fraud, 350. dealings with other, 350. mortgagee of leasehold premises obtaining renewal lease, 350. (See MORTGAGOR AND MORTGAGEE.) Confidential Relations, 351–367. Introduction, 351. Husband and Wife, 353, 354. relation not fiduciary, 353. gifts between them, 353, 354. (See HUSBAND AND WIFE.) Parent and Child, 354-360. bounty by child to parent, how regarded, 354, 355. gifts by child shortly after majority, 355, 356. burden of proof rests on parent, 356, 357. only prima facie invalid, 356, 357. what will invalidate the bounty, 357. gifts from parent to child stand on different footing, 357, 358. family settlements in charge of child, 359. relation between grantor and his son, grandson, or son-in-law, 358, gifts by parents when aged or infirm, 359, 360. parent may favor one child over another though partially intoxicated son employed to procure deed disposing of father's property, 360. (See PARENT AND Child.) Physician and Patient, 360, 361. gifts from patient to physician, 360, 361. FIDUCIARY, CONFIDENTIAL, AND KINDRED RELATIONS, - continued. agreements between, 361. when fraud not presumed, 361. Draftsman of Will taking Benefit, 272, 361–365. not conclusive, 362. rule is independent of capacity or volition of testator, 363. bounty may be valid though testator a person of weak mind, 363. what sort of evidence required, 364. reading the will to testator, 364, 365. undue influence may be exerted under this relation, 351, 352. blood relationship, 365. trusted friend, 366. effect of advice by creditor of mortgagor to mortgagee, 366, 367. Illegal Marriages or Relations, 367, 368. marriage of widower and sister-in-law, 368. advice necessary as to property transactions if marriage be illegal, 368. Spiritual Advisers and Spiritualists, 352, 353. procuring will to be drawn in favor of a church, 352. Spiritualists, 353. Volunteers, Purchase without Value, 403-410. voluntary guardian, 339. voluntary administrator, 345, 346. taking advantage of project proposed, 366, 367. undertaking to aid another, 367. Cotenants and Tenants for Life, 368, 369. cotenants not in a relation of trust, 368. tenant for life not in a relation of trust to remainder-man or rever- Joint Purchasers, 315. stand in relation of confidence to each other, 315. Expectant Heirs, 369-373. favored in equity, 369, 370. sale of reversion by, 370. what necessary to render valid, 370, 371. valuation of expectant interest, 371. absence of actual fraud in purchaser, 371. effect of repeal of usury laws, 372. FIDUCIARY, CONFIDENTIAL, AND KINDRED RELATIONS, — continued. meaning of fraud' in such transactions, 372. - mortgage by heir with consent of owner, 372. sale of a fixed and absolute legacy, 372, 373. Sailors, 373. under the special protection of the courts, 373. Aged Persons, 373, 374. when transactions with, invalid, 373, 371. Illiterate, Weak-minded, and Drunken Persons, 374-3S3. evidence of undervalue in transactions with illiterate persons, 374- 376. what will overturn presumption of fraud, 376. what the other party may show, 376, 377. weak-minded persons can sell or give away their property, 377-379. when grantee allowed for improvements, 379. confession of judgment by weak-minded person, 379. general rule stated, 379. examples of imbecility, 379, 380. what circumstances attending it sufficient to invalidate a transaction, 381. contracts with drunken persons, 382. when contract of drunken person voidable, 382. habitual drunkards, 382. imposition in obtaining wills, 382, 383. gifts by drunken persons, 382. (See PARTNERSHIP; STATUTES OF LIMITATION.) 'FIREPROOF,' 478. FLOURING-MILL, capacity of, 479. FOREIGN JUDGMENTS, may be impeached for fraud, how far, 94-96. FORGERY, (See ALTERATION OF INSTRUMENTS; BILLS AND NOTES.) FRAUD, definition of terms, 1-19. adjective law of, 3-193. in the factum, 54, 55, 73, note. (See JURISDICTION; RESCISSION.) deception and circumvention distinguished, 4-7. constructive, 9. legal, 8. cause of action for when accrues, 23. distinction between fraud and other wrongs, 227, 228. of Third Persons, 252–258. (See PARTICEPS CRIMINIS; NOTICE; THIRD PERSONS.) ́ GIFTS, G. (See FIDUCIARY AND CONFIdential RelaTIONS.) GLANDERS, 185. 'GOOD,' 495. GOOD CHARACTER, evidence of, 150. GRAFT, doctrine of, 334. GUARANTY, misrepresentation as to legal effect of, 10, 76. GUARDIAN AND WARD, dealings inter sese, 336-340. property transactions between, are prima facie fraudulent, 336. inadequacy of price, 340. appropriating the ward's property, 338, n. 3. innocent purchasers, 337 n. 2. conversion of ward's stock, 337, n. 3. improvements made on land bought of ward, 337, n. 3. wills in favor of guardians by wards, 337. acknowledgment of debt, 337. negotiable security obtained from ward, 338. acts of guardian on ward's attaining majority, 338, 340. when gifts in such cases valid, 338, 339. voluntary guardian, 339. deeds of release and acquittance to guardian, 339, 340. settlements and allowances in probate, 310. dealings with third persons, 340, 341. H. HAY, misrepresentations concerning amount of, 493. HEATER, misrepresentation in regard to, 152. HEIRS, expectant, dealings with, 369-373. (See EXPECTANT HEIRS.) 'HORSE-POWER,' 502. HOSPITALITY, causing loss of, 557, note. HUSBAND AND WIFE, conveyances between, in fraud of creditors, 202, note, 207, note. fraud of wife in purchase of goods for household, 254. relation not fiduciary, 353. gifts between, 353, 354. representations by intended wife as to chastity, 468, n. 4, 469, 551, action maintainable by woman against man for fraudulently inducing whether the action survives against wrong-doer's representative, 213, fraud on husband's marital rights by wife's antenuptial conveyance, such conveyances prima facie valid, 604, 605. doctrine of the English courts upon this subject, 605. conveyance must be secret, and made in contemplation of marriage, meritorious object of the conveyance, 605–607. rule in North Carolina, 607. deception in such cases presumed, when, 607. conveyance of property of existence of which husband was ignorant, Lord Eldon explained on this point, 608. secret settlement by wife before marriage, 605, n. 1. obligation of wife made on valuable consideration before marriage, costs inflicted upon party or attorney inducing intended wife to make antenuptial conveyances by husband, 610. |