Hieble v. Hieble

164 Conn. 56, 316 A.2d 777 (1972)

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Hieble v. Hieble

Connecticut Supreme Court
164 Conn. 56, 316 A.2d 777 (1972)

  • Written by Paul Neel, JD

Facts

A mother (plaintiff) had been diagnosed with cancer and, pending the outcome of her surgery, orally conveyed her real property to her son (defendant) jointly with right of survivorship. The son orally agreed to reconvey the property to the mother if she recovered from the surgery and the cancer did not reappear within five years. Five years later, the mother requested reconveyance from the son as agreed. The son refused. After repeated attempts to get the son to honor the agreement, the mother sued the son. The trial court ruled for the mother. The son appealed.

Rule of Law

Issue

Holding and Reasoning (Shapiro, J.)

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Casebooks

Wills, Trusts, and Estates

Key Terms

  • Confidential or Fiduciary RelationshipA relationship where one party relies on the advice and judgment of another person to an extent that puts the other party in a dominant position. Reliance is typically based on a combination of factors such as the person’s authority, age, or superior knowledge and training.
  • Joint Tenancy with Right of SurvivorshipA form of property ownership in which each owner holds an identical interest in the property and a right to ownership of the co-owner’s share in the event of such co-owner’s death.

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