Nesbit v. Crosby, 74 Conn. 554, 563, 51 A. 550. Nor, when the issues are contested, may it adopt a request to charge which is so worded as to be the equivalent of directing a verdict for the plaintiff. Scorpion v. American-Republican, Inc., 131 Conn. 42, 48, 37 A.2d 802; Purdy v. Watts, 88 Conn. 214, 217, 90 A. 936. Five of the twenty requests were inapplicable to the issues.
We use the same term in connection with the rule we are discussing in Dale's Appeal, 57 Conn. 127, 143, 17 A. 757: "In certain cases, where the natural objects of the testator's bounty are excluded from participation in his estate, where strangers supplant children, . . . the law requires the legatee at the outset to assume the burden of proving that his influence did not overcome the free agency and independence of the testator." The natural objects of one's bounty include his children, yet in Purdy v. Watts, 88 Conn. 214, 218, 90 A. 936, we speak of these as being two classes: "We have held that where a testator cuts off his children, or the natural objects of his bounty, and makes his will in favor of a stranger holding some special relation of confidence and trust to the testator, the party attempting to sustain the will, where undue influence on the part of such beneficiary is charged, has the burden of proving that it was not procured by such undue influence." In Kirby's Appeal, 91 Conn. 40, 44, 98 A. 349, we point out who is the natural object of bounty — "the legatee not being a relative who would be an heir in the absence of a will."
Near relationship between a fiduciary and a purchaser does not, however, of itself, raise an inference of fraud; it is a circumstance to be considered with all the others in determining the fairness and good faith of the transaction. Schwartz v. Schwartz, 104 Conn. 271, 277, 132 A. 461; Purdy v. Watts, 88 Conn. 214, 90 A. 936; Mooney v. Mooney, 80 Conn. 446, 68 A. 985; Crawford v. Gray, 131 Ind. 53, 30 N.E. 885; Cain v. McGeenty, 41 Minn. 194, 42 N.W. 933; Fairburn Banking Co. v. Summerlin, 144 Ga. 31, 88 S.E. 1007; 24 Corpus Juris, 639. It appears that, in consultations as to the necessity of selling the property, the judge of probate, who knew the situation, suggested to Mrs. Zerbola that she could buy the place herself, and that it would be satisfactory to the court if she paid $100 more than the inventory value, provided there was no higher offer for the property. The trial court finds that neither the administratrix nor the purchaser knew that the appellant had any interest in the estate or that he or any other person desired to buy the property, that no offer was made during all of the time which elapsed between the filing of appellant's motion in March and the sale in May, and further finds that the fair market value of the property, in view of its condition, situation, and rental, was not over $1,
This case was before us on appeal from a former judgment, and a new trial was granted. 88 Conn. 214, 90 A. 936. After the case was remanded, the Superior Court permitted the defendant to file a motion that the plaintiff be required to state in separate counts his separate causes of action, granted the motion, and afterward ordered that the issues adapted to the claims for equitable relief should be tried to the court and tried first. These rulings are assigned for error in the plaintiff's appeal, and are the only ones which he pursues in his brief and argument.
The facts did not justify a conclusion of partnership, and there is no possibility that the jury reached a verdict by finding Dinan was a partner. A request to charge which is inapplicable to the issues before the jury should be refused. Purdy v. Watts, 88 Conn. 214, 90 A. 936. The request to charge that if the jury found that the defendant had not become directly or indirectly interested in a restaurant in Stamford, the verdict should be for the defendant; and the request 29, that the defendant's possession of the Stamford Lunch under his chattel mortgage was not a violation of his agreement not to engage in the lunch business in Stamford, related to issues which were inapplicable to the case.