Hickman v. Stewart

Citations

• 69 Tex. 255
• 5 S.W. 833
• 1887 Tex. LEXIS 814

Syllabus

<p>1. Purchaser — Trustee and Cestui Que Trust. — A trustee or executor who purchases the estate from, the cestui que trust, or heir, must pay therefor a full, fair and adequate consideration, and if there be any con cealment as to the real value of the property, or a false or fraudulent representation as to the value thereof, the sale will be set aside.</p> <p>S. Jurisdiction. — Though an estate be in course of administration by an executrix acting without bond under will, the district court, if the amount, in controversy be sufficient, will have jurisdiction in a suit brought against the executrix by one of the legatees joined by her husband to set aside for fraud, a deed made by such a legatee to the executrix.</p> <p>8. Evidence — Fraud—Deed.—If a deed from a married woman be procured by fraud in the purchaser, the fact that the deed contained recitals that the vendor “had employed able counsel, that the deed was made without solicitation from the vendee, and with a full knowledge of the vendor’s rights,” will not estop such married woman from showing that the purchaser who occupied as between the parties the position of a trustee had fraudulently concealed the value of the property.</p>