Anderson v. Fry
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendants, John 0. Fry and another, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of May, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term, directing the defendants as executors to account to the plaintiff for their acts in regard to all money or other property received by their testator…
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Appeal by. the defendants, John 0. Fry and another, as executors, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 23d day of May, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term, directing the defendants as executors to account to the plaintiff for their acts in regard to all money or other property received by their testator under a Certain instrument bearing date the 18th day of July, 1879, and appointing a referee to take such account. This case…
1Opinion of the Court
Gaynor, J.:
A purchase of the trust property by a trustee of himself, or at his own sale, or even at a judicial sale, is voidable at the mere election of -the beneficiary, within a reasonable time, without regard to its fairness (Davoue v. Fanning, 2 Johns. Ch. 252; Jackson v. Walsh, 14 Johns. 407; Conger v. Ring, 11 Barb. 356); but a gift or sale of the trust property by a beneficiary to his trustee does not come under this rule.' It is not Voidable at the election of the beneficiary., but may only be set aside by a court of equity at the 'suit of the beneficiary for fraud, undue influence or…
2Cases cited9 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hull v. . LittauerNew York Court of Appeals · 1900
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Nesbit v. . LockmanNew York Court of Appeals · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shiverick v. BonsallAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Transfer Tax On the Estate of EarlyNew York Surrogate's Court · 1920
- In re the Judicial Settlement of the Account of Proceedings of the United States Mortgage & Trust Co.New York Surrogate's Court · 1927
- La Forge v. LatouretteAppellate Division of the Supreme Court of the State of New York · 1908