Gibson v. Gibson
Wisconsin Supreme Court
Appeal from a judgment of the county court of Wauke-sha county: M. S. Geiswold, Judge: Action to set aside aside-an administrator’s sale because he was interested therein. Defendant Mark Gibson was one of the administrators. The intestate died December 11, 1870, leaving a minor child, Louis Gibson, the plaintiff. The sale was made April 15, 1872, ostensibly to George H. Gibson, Mark Gibson’s son.
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Appeal from a judgment of the county court of Wauke-sha county: M. S. Geiswold, Judge: Action to set aside aside-an administrator’s sale because he was interested therein. Defendant Mark Gibson was one of the administrators. The intestate died December 11, 1870, leaving a minor child, Louis Gibson, the plaintiff. The sale was made April 15, 1872, ostensibly to George H. Gibson, Mark Gibson’s son. The evidence shows that Mark Gibson assisted his son to pay for the property upon the pretext that the latter had an associate in bidding off the property who failed to produce his part of the money…
1Opinion of the CourtMaeshall, J.
Eespondents chiefly rely on the statutes ■of limitations to support the judgment. To that appellant ■says Mark Gibson was trustee of an express trust and cannot invoke the statutes of limitations to defeat the claim of his cestui que trust. True, Gibson was such trustee as regards a power of sale and control of the property in controversy for the payment of the debts of the deceased, but for no ■other purpose. Barker v. Barker, 11 Wis. 131; sec. 3823, Stats. 1898; Carpenter v. Fopper, 91 Wis. 116. ITis status as trustee was extinguished when the sale of the real estate took place. His…
2Cases cited3 opinions
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Gibson v. GibsonWisconsin Supreme Court · 1899
- Hughes v. HunnerWisconsin Supreme Court · 1895
3Cited by1 opinion
- Langer v. NewmannSupreme Court of Minnesota · 1907