In re the Estate of Barlow

New York Surrogate's Court

In re the Estate of Barlow

15 N.Y. St. Rep. 721

DecidedJanuary 20, 1888

StatusPublished

This text of 15 N.Y. St. Rep. 721 (In re the Estate of Barlow) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Barlow, 15 N.Y. St. Rep. 721 (N.Y. Super. Ct. 1888).

Pincite

Opinion

Eollin, S.

—The report of the referee must be confirmed. The sale by the administrator to the former partner of deceased of his interest in the copartnership property and his purchase of the same individually was unlawful for reasons which rest in sound policy, and which have been stated over and over again by all courts and judges. Whether the sale was in good faith or not is quite immaterial. A trustee may not sell the trust property to himself no matter what the form may be of the transaction, if the plain purpose of it be, as in this case, to convey the property owned by the trustee as such to himself individually. This doctrine is elementary.

Free access — add to your briefcase to read the full text and ask questions with AI

Eollin, S.

—The report of the referee must be confirmed. The sale by the administrator to the former partner of deceased of his interest in the copartnership property and his purchase of the same individually was unlawful for reasons which rest in sound policy, and which have been stated over and over again by all courts and judges. Whether the sale was in good faith or not is quite immaterial. A trustee may not sell the trust property to himself no matter what the form may be of the transaction, if the plain purpose of it be, as in this case, to convey the property owned by the trustee as such to himself individually. This doctrine is elementary.

Cite This Page — Counsel Stack

Bluebook (online)

15 N.Y. St. Rep. 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-barlow-nysurct-1888.