Murphy v. Wakelee

1 Citing case

  1. Murphy v. Wakelee

    247 Conn. 396 (Conn. 1998)   Cited 148 times
    In Murphy, however, we merely noted that a fiduciary generally need not prove fair dealing by clear and convincing evidence in the absence of a threshold showing of ''suspicious circumstances''; (internal quotation marks omitted) id., 405-406; and there was even less reason to impose such a burden on conservators.

    We granted the plaintiff's petition for certification limited to the following issue: "Did the Appellate Court properly conclude that the trial court properly instructed the jury regarding the parties' burden of proof with respect to the duties of the defendant fiduciary?" Murphy v. Wakelee, 243 Conn. 956, 704 A.2d 805 (1997). In the first count of her complaint, the plaintiff alleged that the defendant, pursuant to General Statutes (Rev. to 1989) § 45-75, now § 45a-655, had acted as conservator of Sylvan's estate and set forth the facts from which the fiduciary duty arose.