Meyer v. Meyer

Citations

• 106 Miss. 638
• 64 So. 420

Syllabus

<p>1. Estates op Decedents. Executors and administrators. Sales of land„ Purchase Toy executor. Trust. Partnership. Power of partner to convey land. Settlement of accounts. Vouchers. Gifts inter vivos. Effect. Oheclcs. Stoppage of payments. Wills. Construction. Property devised. Persons entitled to object. Final accounts. Estoppel. ' Liability of executors. Settlement. •Code 1906, section 2085.</p> <p>Executors cannot purchase from themselves, either directly or indirectly, land belonging to the estate then being administered by them and therefore they must be held to hold the title to the property in trust for the persons interested in the estate.</p> <p>2. Partnership. Po’wer■ of partners to convey land. Code 1906, section 2085.</p> <p>Where a surviving partner did not administer the partnership property under the provisions of section 2085, Code 1906, but the partnership was continued in force and its affairs managed solely under the provisions of a will by the deceased partner, the fact that the surviving partner joined in a conveyance, made by the executors of the deceased partner, with the fraudulent purpose' of acquiring- the lands sold for themselves, did not pass the title.</p> <p>3. Executors and Administrators. Purchase.</p> <p>Where the executors of an estate purchase land with money belonging to the estate, they hold the land in trust for the estate if the persons interested therein so' elect.</p> <p>4. Executors and Administrators. Settlement of accounts.</p> <p>Where the executors of an estate fraudulently sold the lands of the estate to a third party who reconveyed it to them, it was not necessary for the court to decree a cancellation of such deeds, it was only necessary to decree the land to be held in trust and order, its sale or partition.</p> <p>5. Executors and Administrators. Settlement of accounts. Vouchers.</p> <p>No vouchers for the payment of money are necessary in the settlement of executor’s accounts where they admit that the money has b