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Seaver v. Ransom

    Brief Fact Summary. None.

    Synopsis of Rule of Law. None.

    Facts. The judge in this matter was the husband of the testatrix and a legal advisor.

    Issue. Did the judge owe a duty?

    Held. The intermediate appellate court found that the judge owed a duty to the Plaintiff after his wife informed him that she wished to devise a house to the Plaintiff. The court would not allow the judge to "commit such a fraud upon the plaintiff as would result, if relief were denied her here." It further recognized "[i]t is better not to draw close legal distinctions but to say that on the facts the law will get at an attorney who seeks to avoid such a contract, and will compel performance."

    Discussion. This case demonstrates how judges are held to a higher standard than normal individuals appearing before a court.


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