Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-01-15

I especially when rhev sre NM
IN an equality. and the result as vas
inlenneu. the confidence IN and d.
p1Hoence upnn one Of the parties 5y
Lne olner, the opportunity for irnnosi-
1on and unfair advantage asForr3sa
BY SUCH relationship Is 20 great as Ia
IsHasr all transactions between therli
subject to suspicion. and when a
transfer of property or prouerty
rights Is made from the copfidinr Dr.
pendent 10 the superior cnufidznt
either directly or indirectly a crafrt n
eauiry VIII scrupuiousiy inquire luto
the fairness. adequacy and business
OF the transacrion- If the facts show
that an unfair advantage has been
taken Il viii Intervene to protect tn
c1nfiding and injured party even
from the results Of what might IN
der ordinary circumstances as be-
tween parties dealing On an equality
and sustaining no such confidential
reiailons 10 each other, be deemed
their own appropriateness.
Equity throughout its broad de-
main performs no higher and finer
service than this.
such being the equitable principie
involved in these cases II remains
only 10 determine whether the evil
dence warrants It's application.
l find that IL does. When Mr. Shaw
first met Allura NJ. and Eliza J.
Stanley in 1907 OF 1905. they were
well advanced IN years. being % AMI
= wears old respectively, women OF
Intelligence il Is true, but without
business experience or Familiarity
with financial affairs, and apparent =
" They were somewhat credulous He
was mau Of matured strength, nf
ingrariarIng personality and varied
business experience. unrelated u
them by kinship or other TIES.
find that Mr. Shaw by q long
continued and persistent course Of
conduct arrfuIly and fraudulent
gained the complete confidence q,
these two sisters and created surf
an overnasrering influence that the,
were willing TO take and did take any
steps with reference I'd their proper
" which he might suggast
Having gained this implicit and
entire confidence ON their par- the
evidence ShO rs that he abused il TX
taking an unfair and inesuitahle adj
vantage Of them III TRANSACTION altar
transaction until az the close of thei!
dealings. with the exception OF ms
gift Of the purchase prlce of a nous:
Tor a friend and the purchase Of -
annuity crum the CniversaIist Stats
convention, ne had secured for hin
self or had invested for them in tht
D1r1go Power Company. an uusuc-
cessful enterprise of which he was
the promoter and Practically rle sult
owner. and which, therefore, Wa.
but to himself IN corporate form
substantially al their property both
real and personal. and IN return
therefor they had received merely
the unsecured reservation Of a hons
Moreover, Nh. Shaw by the same
lnsinious but more complicated
methods secured for another CORPORA
ton Of which ne was the promoter
the Inheritance ReaIizatlon Companv
an assignment of their prospective
rights of Inheritance IN the estate o,
their cousin, Benjamin .. STANLEY
amounting 10 sI17. 900, ana they haC
received for this expectancy rnerely
the personal and unsecured pronisr
OF Mr.. Shaw Of a grossly inadeuuaL+
consideration.
At the beginning Of their acuuaint
ance these two aged sisters were Twin
q life of retirement and quiet ease upo-
the homestead farm worth $1,000 witt
several thousand dollars on deposit II
various savings banks and trust com.
paules n this State, the income from
ali Of which WAS more .lIau ample 20,
their needs and desires. When rhs
ctapter is closed we find them 1rac.i.
c2iiy stripped Of all their pnssessinus
The situation taken as a whole Is mpsl
significant.
Such conduct offends good conscience
and i is rhe plain duty Of : court II
equity under such circumstances ID IN.
tervene FOR the protection of those wht
through the cunning devices Of anuth-
er. and being Il an Inequality, have
been unable 10 protect themselves. /,
will not leave Eliza J. STANLEY, ms
survivor, Allrra NJ. having died March
u 1913. rcrnediless.
The three bills n equity are there
fore sustained with COSTS, the total wit.
ness fees Of the plaintiff 70 be appor-
TONED ene-third 10 each case as the
three were tried together
II order. however. tha: exact justice
may be done 10 all parties in inte-es.
I further orders that master be ap-
pointed 70 consider and report 10 me
court al the financial transactions be-
tween the parties involved n each bill
Us basis for a maj decree
AS all the necessar- facts and figures
fully appeared ID the course Of the tes-
duced AZ the hearings before me. thf
master VIII be directed 70 obtain a COPY
of the tes-iruun- from the steang-aphe-
and ID make up his report IN each cast
tnerefrom. II further hearings before
the master are ae-ired by either party
they may be had.
Counsel for the plaintiff arc directed
70 prepare and file forthwith an inter-
lucutory decree. n accordance with this
decision. and hearing upon the form
of the instructions To the master will be
given II desired by counsel for the de-
PENDANTS.
In case the counsel cannot agree az
To the person to be appointed master
the designation will De made by the
court
fG;,naaA IFErJ q r0RNTCE