Robert Hill Foundation v. Learman

The issue is whether an executor having a general power of sale without court approval violates his duty as an executor when he sells real property of the estate to his sister for an amount shown by a private appraisal without making any effort to sell such property to others, to obtain a better price or otherwise to determine the going market value of the property. The trial court thought the duty of an executor under such circumstances was fulfilled by his acting in good faith, using the latter term in a limited sense and synonymous with honesty. Although an executor is not a trustee in the…