In re Real Estate of Wheeler
Orphan's Court of Delaware
Statement of the Case. Land of a decedent, George E. Wheeler, was sold by order of the Orphans’ Court for the payment of his debts; his personal estate being insufficient for the purpose. At the sale the purchaser paid part of the purchase money and having failed- to pay the balance before the date for the return of the sale, the administrator asked that the deposit be forfeited.
Read the full summary
Statement of the Case. Land of a decedent, George E. Wheeler, was sold by order of the Orphans’ Court for the payment of his debts; his personal estate being insufficient for the purpose. At the sale the purchaser paid part of the purchase money and having failed- to pay the balance before the date for the return of the sale, the administrator asked that the deposit be forfeited. Thereupon the purchaser filed his reasons for declining to take the title and pay the balance of the purchase money. It was alleged that the property was purchased in 1908 by Lemira Wheeler, the wife of George E.…
1Opinion of the CourtCurtis, P. J.
The limitations on the conduct of a fiduciary respecting the purchase of the property in his control are established in Delaware as strictly as anywhere else. No person is permitted to purchase an interest in property and hold it for his own benefit, where he has a duty to perform in relation to such property which is inconsistent with the character of a purchaser on his own account and for his individual use.
In Van Dyke v. Johns, 1 Del. Ch. 93, 12 Am. Dec. 76, an administrator at a sale by him in 1789 óf land of his decedent for the payment of debts purchased the property through another…
2Cases cited6 opinions
- Allen v. DeGroodtSupreme Court of Missouri · 1889
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Downs v. RickardsCourt of Chancery of Delaware · 1872
- Eberhardt v. Christiana Window Glass Co.Court of Chancery of Delaware · 1911
- Van Dyke v. JohnsCourt of Chancery of Delaware · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Vredenburgh v. JonesCourt of Chancery of Delaware · 1975
- Wilmington Trust Co. v. CarrowCourt of Chancery of Delaware · 1924
- Arnold v. ArnoldSupreme Court of Georgia · 1922
- Baxter v. Union Industrial Trust & Savings BankMichigan Supreme Court · 1935
- Bradford v. VintonCourt of Chancery of Delaware · 1930
4 more not listed; retrieve them via the Exa API.