Church v. Winton
Supreme Court of Pennsylvania
Appeal, No. 435, Jan. T., 1899, by plaintiffs, from decree of C. P. Lackawanna Co., March T., 1899, No. 5, dismissing bill in equity in case of Charles J. Church efc al. v. William W. Winton et al. Bill in equity to enforce a trust. The facts appear by the opinion of the Supreme Court. ¡Error assigned was decree dismissing bill.
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Appeal, No. 435, Jan. T., 1899, by plaintiffs, from decree of C. P. Lackawanna Co., March T., 1899, No. 5, dismissing bill in equity in case of Charles J. Church efc al. v. William W. Winton et al. Bill in equity to enforce a trust. The facts appear by the opinion of the Supreme Court. ¡Error assigned was decree dismissing bill. The purchase of the property of the cestui que trust by the trustee during the continuance of the trust is presumed to be for the benefit of the cestui que trust: Wistar’s App., 54 Pa. 60; Spencer’s App., 80 Pa. 332; Miggett’s App., 109 Pa. 522; Rich y. Black & Baird,…
1Opinion of the Court
Opinion by
Mk. Justice Mitchell,
The law governing this class of cases is entirely well settled. If a trustee buys the trust property even at a public sale, which is brought about, or in any way controlled by himself, he will be presumed to buy and hold for the benefit of the trust. But *109the trustee’s title as purchaser is not void, it is voidable only at the option of the cestui que trust, and when the latter has knowledge of the facts he must assert his right with reasonable diligence.
A review of the material facts is all that is required to show the proper application of the law in this case.
I…
2Cases cited1 opinion
- Musselman v. EshlemanSupreme Court of Pennsylvania · 1849
3Cited by15 opinions
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- Kenworthy v. Equitable Trust Co.Supreme Court of Pennsylvania · 1907
- Schulz EstateSupreme Court of Pennsylvania · 1953
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