Wells v. Wood

Much of the argument and many of the authorities cited by plaintiffs appertain to sales made by an administrator, executor or other trustee to himself. Such a sale is absolutely void in this state. If that was the problem presented it would have been easily solved: Or. L., § 1276; Adams v. Kennard, 122 Or. 84 (253 Pac. 1048); Gilbert v. Branchflower, 114 Or. 508, 516 (231 Pac. 982); Acton v. Lamberson, 102 Or. 472, 488 (202 Pac. 421, 732). *46Executors are trustees of the beneficiaries of the will they are executing: 11 R. C. L. 23, § 6; 23 C. J. 1170, § 387; Woerner, Administration (2 ed.), §§…