De Caters v. Le Ray De Chaumont
New York Court of Chancery
Pursuant to ihe decision of the court in this case, as reported in 2 Paige's Rep. 490, a decree was entered to carry into effect the provisions of the deed of trust, and referring it to a master to take an account between the trustee, Vincent Le Ray De Chaumont, and the trust estate.
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Pursuant to ihe decision of the court in this case, as reported in 2 Paige's Rep. 490, a decree was entered to carry into effect the provisions of the deed of trust, and referring it to a master to take an account between the trustee, Vincent Le Ray De Chaumont, and the trust estate. The trustee was also directed by the decree to proceed and sell at public auction, in the city of New-York, so much and such parcels of the trust estate as might be necessary to pay off such loans as the trustee had been obliged to make in the execution of the trust, and. any further sum which might be due to him…
1Opinion of the Court
The Chancellor.
The correction of the decree as to the Christian name of the appraiser is a mere matter of form. It may be inserted in the original decree in the register’s minutes ; and any copies which have been furnished may be amended accordingly.
The application to permit the trustee to bid and to become a purchaser on his own account, is one which deserves a more serious consideration. It is the settled law of the court, that the trustee for a sale cannot become a purchaser on his own account, or as the agent of another, or through the agency of another. In this case it cannot be…
2Cited by14 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Scholle v. . ScholleNew York Court of Appeals · 1886
- Conger v. RingNew York Supreme Court · 1851
- Corbin v. . BakerNew York Court of Appeals · 1901
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