Jackson v. Thomson

Citations

• 222 Pa. 232
• 70 A. 1095
• 1908 Pa. LEXIS 686

Syllabus

<p>Trusts and trustees — Executors and administrators — Power of sale— Fraudulent conveyance — Notice—Attorney at law.</p> <p>Where testamentary trustees with power of sale convey land to an attorney at law, who has full knowledge that the purpose of the deed is to provide for the payment for the individual indebtedness of the trustees, and is in consideration of the grantee’s payment or assumption of such indebtedness, the deed is void as to the shares of the cestuis que trustent other than the trustees themselves, and the grantee is a trustee ex maleficio as to the parties wronged; but the deed is a good and valid conveyance of the interests which the trustees themselves have in the land.</p> <p>Where testamentary trustees who have an interest in the trust estate convey the land for the purpose of paying their individual debts, and the grantee has knowledge of the illegality of the deed, the trustees cannot subsequently set up their own turpitude as a ground for invalidating the deed as to their individual interests, but as between themselves and the grantee the law will leave them where they have placed themselves.</p>