McClear v. Root
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: Geoege Geimm, Circuit Judge. This is a contest over the settlement of the final account of an administrator with the will annexed. The evidence is not preserved by bill of exceptions, and the material facts as found by the circuit court are substantially as follows: Thomas McOlear died March 1,1890, testate, leaving a widow and several children, the appellant in this proceeding being the residuary legatee.
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Appeal from a judgment of the circuit court for Green county: Geoege Geimm, Circuit Judge. This is a contest over the settlement of the final account of an administrator with the will annexed. The evidence is not preserved by bill of exceptions, and the material facts as found by the circuit court are substantially as follows: Thomas McOlear died March 1,1890, testate, leaving a widow and several children, the appellant in this proceeding being the residuary legatee. His estate consisted of ninety acres of farm laud in Green county and a small amount of personal property. James Root was…
1Opinion of the CourtWiNslow, C. J.
The administrator was the trustee of an-express trust. Neither under the common law nor under the statute could he make a valid and binding sale of the trust property to himself. In re Taylor Orphan Asylum, 36 Wis. 534; sec. 3914, Stats. (1898). Neither good faith nor the payment of an ample consideration will avail to support the sale in such a case where the trustee acts both for himself and for his cestui que. trust. Shaw v. Crandon State Bank, 145 Wis. 639, 129 N. W. 194. The sale is, however, not absolutely void, but voidable at the election of the cestui que trust. Melms v. Pabst B. Co.…
2Cases cited5 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- In re Taylor Orphan AsylumWisconsin Supreme Court · 1875
- Shaw v. Crandon State BankWisconsin Supreme Court · 1911
3Cited by10 opinions
- Bishop v. HamiltonWisconsin Supreme Court · 1936
- Bennett v. BennettWest Virginia Supreme Court · 1922
- Jurgensmeier v. JurgensmeierNebraska Supreme Court · 1942
- Christianson v. ChristensenWisconsin Supreme Court · 1954
- Will of HoyaWisconsin Supreme Court · 1921
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