Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-11-16
HOLLIS N. SnAW'S
APPEAL DISMISSED
Rescript from Law Court AZ
firms Decree in Equity Suit
Of Eliza ]. Stanley Of Win
thr0p and Audrey p. HIGH
born of Augusta against Holl
lis M. Shaw of Winthrop ct
ais

Another development in the equity
suits Of Eliza j. Stanley and Audrey
p. Hichborn, conservator and admin
istrator, VS.. Hollis NJ. Shaw Of Win
throp ct ais came Tuesday in the
handing down by the law court of
rescript dismissing the appeal and af-
firming the decree. This would APP
pear to be the last stand of Shaw in
the case different phases of which
have been heard in the various courts
for a year or more. The rescript was
drawn by Associate Justice L. 3.
Deasy of Bar Harbor.
Shaw has changed his place of resi-
dence from Winthrop, Me-. to Water
town, Mass.-and has gone into bank
ruptcy as 'Iaborer" to the extent
of s60,007, no assets being in sight.
The rescript reads as follows:
From time to time between 1908
from Eliza ]. and Allura NJ. Stanley
! conveyances and assignments of
property until he had absorbed the
! greater part of all of their estate, real
and personal. in possession amount
, ing to more than $4,000. and besides
had acquired an assignment of their
expectant interest in a much larger
/ estate as presumptive heirs of an
aged and demented relative. For
these conveyances and assignments
| the consideration was grossly made
quate. indeed there was hardly any
consideration except indefinite and
unsecured premises.
! 1.-THE above entitled suits are
brought for an accounting and to set
aside these transfers to Shaw as
fraudulent and void.
NO specific fraudulent representa-
lions were proved. This is not deci
| sive. AS was said by the learned Jus
tice who heard the case originally
| Fraud treads no beaten path. and the
same ineouitable and disastrous re-
suits may be reached by gentler and
more seductive methods"
| 1.-THE decree made by single jus
tice found that a fiduciary relation
existed between the parties and that
in view of such relation the transfers
were fraudulent and void. although
there was no proof Of any specific
fraudulent representation. The de-
PENDANT strenuously contended that a
fiduciary relation cannot be presumed
but must be proved. and that in this
case no such relation had been prov
ed. But the evidence to prove fidu-
ciary relation was abundant.
The Stanley sisters We're undOubt-
edlv intelligent but were aged. mex
perienced. confiding and credulous.
Shaw was in the prime OF life. a
shrewd experienced business man.
The inequality between the parties
could hardly have been greater. The
confidence and trust reposed in him
by the sisters was well nigh absolute.
In dealing with them. acting for him
self or his corporations. it was of
course plainly his dut.: to have them
seek disinterested and competent adj
vice. He made no such suggestion.
They sought no other adviser They
relied implicitly on him. A palmer
case Of a fiduciary relation can hard
~ be imagined. He took an unfair
aBd inequitable advantage of the con-
fCence and trust reposed in him.
appeal dismissed. Decree affirmed"
Sl1aw's principal creditors. as a re
suit of the bankruptcy petition. are
Mrs. Audrey Hichhorn of Augusta as
lconservator of the Stanley Sisters es-
tate. $4,000; Fred IT. Daggett. Amen
zor A. Will. both for $4,000 and c.
! Q. Stnrtevant of Pennington. 81 900.
The Lewiston Trust company is the
only secured creditor with a claim Of
$4,000.