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RALSTON V. TURPIN, 129 U. S. 663 (1889)

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U.S. Supreme Court

Ralston v. Turpin, 129 U.S. 663 (1889)

Ralston v. Turpin

No. 98

Argued November 26-27, 1888

Decided March 5, 1889

129 U.S. 663

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF GEORGIA

Syllabus

An agent is bound to act with absolute good faith toward his principal in respect to every matter entrusted to his care and management. In accepting 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 derives advantages beyond legitimate compensation for his services will be chanroblesvirtualawlibrary

Page 129 U. S. 664

closely examined by courts of equity and set aside if there be any ground to suppose that he has abused the confidence reposed in him.

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, having 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.





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