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Tag Archives: Fiduciary Relationship

Trusts & Estates – Wills – Undue Influence – Fiduciary Relationship – Testatrix’s Daughter

In re Estate of Raney A brother presented enough evidence to go to the jury on the question of whether his sister unduly influenced their mother - while the mother was under a doctor’s care and was living in the sister’s house — to change her will in favor of the sister. We affirm the trial court’s denial of the sister’s motions for a directed verdict, for judgment notwithstanding the verdict, and for a new trial.

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Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

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