This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...35 Fla. 28, 16 South. 679; Fish v. Fish, 235 Ill. 396, 85 N. E. 662; Copeland v. Bruning, 44 Ind. App. 405, 87 N. E. 1000; Avery's Trustee v. Avery, 90 Ky. 613, 14 S. W. 593; Brown v. Cowell, 116 Mass. 461; Schwarz v. Wendell, Walk. Ch. (Mich.) 267; Tatum v. McLellan, 50 Miss. 1; Davidson v. I. M. Davidson Real Estate ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 Excerpt: ...35 Fla. 28, 16 South. 679; Fish v. Fish, 235 Ill. 396, 85 N. E. 662; Copeland v. Bruning, 44 Ind. App. 405, 87 N. E. 1000; Avery's Trustee v. Avery, 90 Ky. 613, 14 S. W. 593; Brown v. Cowell, 116 Mass. 461; Schwarz v. Wendell, Walk. Ch. (Mich.) 267; Tatum v. McLellan, 50 Miss. 1; Davidson v. I. M. Davidson Real Estate & Investment Co., 249 Mo. 474, 155 S. W. 1; Gassert v. Strong, 38 Mont. 18, 98 Pac. 497; Marr v. Marr, 73 N. J. Eq. 643, 70 Atl. 375, 133 Am. St. Rep. 742; In re Lodrich, 68 Hun, 396, 22 N. Y. Supp. 978; Appeal of Costeu, 13 Pa. 292; Waldrop v. Leaman, 30 S. C. 428, 9 S. E. 466; Cogbill v. Boyd, 77 Va. 450; Ludington v. Patton, 111 Wis. 208, 86 N. W. 571. In a few cases it seems to have been held that a transfer from cestui to trustee is absolutely void. McKnatt v. McKnatt, 10 Del. Ch. 392, 93 Atl. 367; Butmau v. Whipple, 25 R. I. 578, 57 Atl. 379. 4o Barnard v. Stone, 159 Mass. 224, 34 N. E. 272. set aside and a constructive trust declared where it appears that the cestui was ignorant of his rights and received an inadequate consideration.41 The presumption of fraud applies as well to a sale by a trustee to his beneficiary as to a conveyance from cestui que trust to trustee.42 If the cestui has the transaction with the trustee set aside, of course he must return any consideration paid by the trustee to him.4 Trustee Buying at Own Sale The last application of the general rule under discussion is found in the case of a purchase by a trustee at his own sale. If a trustee were allowed to buy in the trust property on a sale thereof conducted by himself, there would be a temptation to defraud the beneficiary. The trustee would be disposed to sell the property to himself at an unduly low price, in order that he might reap a profit. His individua...
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