Legal Opinion

Tanner's Estate

Supreme Court of Pennsylvania

Decided May 20, 1907No. Appeal, No. 117PublishedCited by 8 opinions

Appeal, No. 117, Jan. T., 1907, by Bryant E. Sherman et al., from decree of O. C. McKean Co., Oct. T., 1905, No. 12, setting aside guardian’s sale in Estate of Stella A. Qurtis Tanner, Minor. Petition to set aside sale.

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Appeal, No. 117, Jan. T., 1907, by Bryant E. Sherman et al., from decree of O. C. McKean Co., Oct. T., 1905, No. 12, setting aside guardian’s sale in Estate of Stella A. Qurtis Tanner, Minor. Petition to set aside sale. Bouton, P. J., filed the following opinion: From the record it appears that Wallace E. Curtis died at Bradford in this county, on August 22, 1888, intestate, leaving a widow, Dillie Curtis, since intermarried with Jacob 'Dollmetsch, and a daughter, Stella A. Curtis, all of whom reside in this county. That on or about August 27, 1888, letters of administration were issued to…

1Opinion of the Court

Per Curiam,

' The fact alleged in the petition and not denied in the answer, that the sale of the minor’s interest in land was made by her guardian for the purpose of securing for himself and others the title thereto, was sufficient ground for setting aside the sale without proof of actual fraud or inadequacy of price. That the intent was honest and a full consideration was paid does not prevent the application of the rule that a person assuming a fiduciary relation towards another in regard to property is disabled from using his power for his private benefit and that he cannot directly or…

2Cited by8 opinions

  1. Noonan EstateSupreme Court of Pennsylvania · 1948
  2. Matheny EstateSuperior Court of Pennsylvania · 1948
  3. Istocin's EstateSuperior Court of Pennsylvania · 1936
  4. Schulz EstateSupreme Court of Pennsylvania · 1953
  5. Strickler's EstateSupreme Court of Pennsylvania · 1937

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