Boyd v. Blankman

Citations

• 29 Cal. 19

Syllabus

<p>Heir Retains an Assignable Interest in Land bought by Administrator at', his own Sale.&emdash;If the administrator of an estate makes a sale of land belonging to the estate, under an order of the Prohate Court procured by him, and at the sale becomes the purchaser through another person, who takes and holds the legal l title in trust for the administrator, and afterwards conveys it to him, the heir retains such an equitable interest in the land as is assignable, and the assignee may maintain an action against the administrator to enforce a trust.</p> <p>Administrator Buying at his own Sale is Trustee for Heir.&emdash;If an administrator becomes a purchaser, through another person, of land of the estate sold by him under an order of the Probate Court, the heir retains the equitable title, and Ms deed conveys such equitable title, white the legal title is vested in the administrator who holds it in trust.</p> <p>Same.—In such case the deed of the heir conveys the equitable title, and Ms deed is evidence of Ms intention to disaffirm the sale. x</p> <p>Not Necessary for Oostui Que Trust to Disaffirm Trustees Purchase of ( Trust Estate.—Where an administrator at his own sale becomes the purchaser through another person of land of the estate, there are strong reasons for holding that the relation of trustee and cesttii que trust is not by the fact of the sale shifted from the land to the proceeds of the sale, but that the administrator remains a trustee as to the land until the heir affirms the sale.</p> <p>Purchase by Administrator at his own Sale not Void.—If an administrator at his own sale, made under an order of the Probate Court, buys the land of the estate through another person, tho sale is not void, but only voidable at the election of the heirs or other persons interested in the estate, who may have the sale set aside and the administrator declared a trustee.</p> <p>Orders of Probate Court.—If the Probate Court, in a matter where it has jurisdiction, makes an