Ryden v. Jones.
Supreme Court of North Carolina
From Craven. This was a petition, filed originally in 1816, in the County Court of Craven, by James Ryden, administrator of Elizabeth Ryden, and Mary Savanoe, shewing1 that Michael Hyman the younger, being seised and possessed of a large real and personal property, in 1793 duly made and published his last will, whereby, after some specific legacies, he gave all the residue of his estate to his four sisters, Margaret wife of Peter Vendrick, Syduey wife of Edward Bowen, Mary…
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From Craven. This was a petition, filed originally in 1816, in the County Court of Craven, by James Ryden, administrator of Elizabeth Ryden, and Mary Savanoe, shewing1 that Michael Hyman the younger, being seised and possessed of a large real and personal property, in 1793 duly made and published his last will, whereby, after some specific legacies, he gave all the residue of his estate to his four sisters, Margaret wife of Peter Vendrick, Syduey wife of Edward Bowen, Mary Savanoe the petitioner, and Elizabeth Ryden the intestate of the petitioner James. Of this will lie appointed James Hyman…
1Opinion of the Court
Tavxor, Chief-Justice.
It has now become a settled rule of equity, too firmly established to be shaken, that a trustee shall gain no benefit to himself by any act done by him in his fiduciary character ; but that all his acts shall be for the benefit of the cestui que trust. It is not necessary in the view I take of the case, to enquire whether an executor comes within the rule as established in England, though in the case of Barden v. Barden, 18 Ves. 170, it was decided that an executor cannot purchase his testator’s effects ; because our local laws have materially changed the rights and…
2Cited by4 opinions
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Britton v. . BrowneSupreme Court of North Carolina · 1816
- Froneberger v. . LewisSupreme Court of North Carolina · 1874
- Warren v. . SusmanSupreme Court of North Carolina · 1915