Puzey v. Senier
Wisconsin Supreme Court
APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was an equitable action relating to certain trust property. The complaint alleged that on the 20th of November, A. D. 1855, the plaintiff was a single woman, and the owner of and possessor of real and personal property of about $2000 in value; that intending to marry, and desiring to put her property into the hands of trustees for her use and benefit after marriage, and for the use and benefit of the children of such marriage if…
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APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was an equitable action relating to certain trust property. The complaint alleged that on the 20th of November, A. D. 1855, the plaintiff was a single woman, and the owner of and possessor of real and personal property of about $2000 in value; that intending to marry, and desiring to put her property into the hands of trustees for her use and benefit after marriage, and for the use and benefit of the children of such marriage if any there should be, she did on said day sign and seal with Allan McDonald, Alfred Senier, and Joseph F. Puzey, a certain…
1Opinion of the Court
By the Court,
Cole, J.
It is not denied that Allan Me Donald and Alfred Senier, by the ante-nuptial settlement of November 20th, 1855, took upon themselves the duties of trustees of Mrs. Puzey’s property, vested in them by that, settlement; and of course thereby became subject to all the obligations which the trust relation imposed upon them. Neither has it been questioned that, as a general rule, the trustee cannot purchase the trust property, and that the policy of the law is to shut the door against temptation, and prevent a man from acting in a case where interest will directly conflict…
2Cited by24 opinions
- Gottlieb v. City of MilwaukeeWisconsin Supreme Court · 1967
- Buse v. SmithWisconsin Supreme Court · 1976
- Ludington v. PattonWisconsin Supreme Court · 1901
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Sigma Tau Gamma Fraternity House Corp. v. City of MenomonieWisconsin Supreme Court · 1980
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