Miles v. Wheeler

Citations

• 43 Ill. 123

Syllabus

<p>1. Admxnistkatobs&emdash;cannot purchase at tliew own sale. The purchase of real estate belonging to the deceased by an administrator, through the interposition of a third party, at his own sale, is fraudulent p&r se; and it matters not that the sale was at public auction for a fair price, and made through the medium of a third party as the bidder, and to whom the administrator conveys.</p> <p>2. The law forbids administrators, executors, and others sustaining a fiduciary and confidential relation, from dealing on their own account with the thing or person falling within that trust or relationship. It avails nothing to show that the intentions of the administrator were honest, and that there was no fraud in fact. The law shields him from all temptation by the inflexible rule that he cannot buy at his own sale.</p> <p>8. The reason of the rule is, that the interests of the buyer and seller of the same property are necessarily antagonistic, and the only safe rule is one which absolutely forbids a trustee to occupy two positions inconsistent with each other.</p> <p>4. Limitation—how far applicable to trusts. While statutes of limitation do not strictly apply to trusts, yet, in cases of constructive, as distinct from express trusts, courts of equity will sometimes adopt the analogies of the statute, and refuse .relief after an unreasonable and unexplained lapse of time. But the courts have never sought to lay down a precise rule. Each case is to be adjudged in this regard upon its particular circumstances.</p> <p>5. Same—where acquiescence is relied upon. Where, in case of a trustee purchasing at his own sale, the defendant relies upon acquiescence, the burden is upon him of showing notice to the cestui que trust, distinct information to him, and acquiescence after that distinct information.is communicated.</p> <p>6. This rule is upon the ground, that, the purchase being prima facie a fraud and void, it devolves upon the person claiming under it to show whatever he r