Currier v. Green
Superior Court of New Hampshire
A. an administratrix, having obtained license to sell the real estate of her intestate, whose estate had been represented insolvent, employed B. as her agent to sell the real estate at auction ; the lands were sold for less than their value, and B. had become interested in the purchase ; it was held that A. was chargeable in the settlement of the account of hex administration with the full value of the land.
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A. an administratrix, having obtained license to sell the real estate of her intestate, whose estate had been represented insolvent, employed B. as her agent to sell the real estate at auction ; the lands were sold for less than their value, and B. had become interested in the purchase ; it was held that A. was chargeable in the settlement of the account of hex administration with the full value of the land. This was an appeal from a decree of the judge of probate in this county, allowing the appellee’s account as admin-istratrix on her late husband’s estate. The estate of the intestate had…
1Opinion of the Court
Richardson, C. J.,
delivered the opinion of the court.*
That a contract, like that which has been in this case proved to have been made between the agent of the admin-istratrix and the purchaser of the real estate, is altogether improper and illegal, is too clear to admit of a doubt. The *226moment any individual becomes the agent of another in the sale of an estate, he at once becomes incapacitated to make a contract which shall give him an interest in the purchase. This rule is founded on general principles of public convenience. As no court could be able in many cases to ascertain the truth, a…
2Cited by3 opinions
- Perkins v. ThompsonSuperior Court of New Hampshire · 1825
- Brackett v. TillotsonSuperior Court of New Hampshire · 1827
- Remick v. ButterfieldSuperior Court of New Hampshire · 1855