§ 23-2-116. When Powers of Sale Exercisable by Successor Administrator, Trustee, or Guardian
Unless expressly limited in an instrument creating a power of sale or unless specifically otherwise provided in the instrument, the power of sale conferred upon an executor, trustee, or guardian may be exercised and executed by an administrator with the will annexed or by a successor administrator, trustee, or guardian. If the power is conferred […]
§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution
Assets are either legal or equitable. Legal assets are such as may be reached by the ordinary process of law. Equitable assets are such as can be reached only through the intervention of equity. Legal assets, when properly before the court, shall be distributed according to legal liens and priorities. Equitable assets shall be distributed […]
§ 23-2-117. When Release, Relinquishment, or Covenant as to Exercise of Power of Appointment Authorized
Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of the power or conferred upon him by another, may, as to all or any part of the property covered by the power of appointment, release or relinquish the […]
§ 23-2-53. Suppression of Fact as Fraud
Suppression of a material fact which a party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case. History. Orig. Code 1863, § 3106; Code 1868, § 3118; Code 1873, § 3175; Code 1882, § 3175; […]
§ 23-2-54. Surprise as a Form of Fraud
Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted. History. Orig. Code 1863, § […]
§ 23-2-55. Use of Similar Trademarks, Names, or Devices
Any attempt to encroach upon the business of a trader or other person by the use of similar trademarks, names, or devices, with the intention of deceiving and misleading the public, is a fraud for which equity will grant relief. History. Orig. Code 1863, § 3112; Code 1868, § 3124; Code 1873, § 3181; Code […]
§ 23-2-56. Consummation of Fraud
Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another. History. Orig. Code 1863, § 3107; Code 1868, § 3119; Code 1873, § 3176; Code 1882, § 3176; Civil Code 1895, § 4028; Civil Code 1910, § 4625; Code 1933, § […]
§ 23-2-57. Proving Existence of Fraud
Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence. History. Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 4029; Civil Code 1910, § 4626; Code 1933, § 37-706.
§ 23-2-58. Confidential Relations Defined
Any relationship shall be deemed confidential, whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as […]
§ 23-2-59. Acquisition of Antagonistic Rights by One in Confidential Relationship
Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another that he becomes interested for him or with him in any subject or property, he is prohibited from acquiring rights in that subject or property which are […]