Opinion
[No. 71, October Term, 1938.]
Decided January 11th, 1939.
Mother and Son — Confidential Relations — Accounting.
In a suit by a mother against her son for an accounting, the admissions of the son, together with evidence of the enfeebled mental and physical condition of the mother, eighty-six years of age, held to show such a confidential relationship as to place on the son the burden of proving that his mother's confidence had not been abused, it being consequently for him to show that the money withdrawn by him from his mother's bank account, which she had placed in their joint names, had either been paid over to her, used for her needs, or applied as she directed, and that any money drawn for his own use had been repaid.
Decided January 11th, 1939.
Appeal from the Circuit Court of Baltimore City (DENNIS, C.J.).
Bill by Elizabeth Saalbach against John J. Anzer. From a decree for plaintiff, defendant appeals. Affirmed.
The cause was argued before BOND, C.J., OFFUTT, PARKE, SLOAN, MITCHELL, and JOHNSON, JJ.
Benjamin Kann, for the appellant.
Leonard L. Eisenberg, for the appellee.
Unreported cases.