O'Connor v. Flynn

Citations

• 57 Cal. 293

Syllabus

<p>Executor—Fraudulent Conveyance—Trust—Estates oe Deceased Persons.—Real estate of a decedent was sold by the executor under order of Court, and subsequently and prior to the report and confirmation of sale the executor bought from the purchaser, and the deed from the' purchaser to the executor was made after the confirmation of sale. Held, that the executor, at the instance of the heirs, should be decreed to be a trustee for the heirs, and this although no understanding was had between the executor and the purchaser prior to the sale, and although the land brought a fair price.</p> <p>Id.—Id.—Id.—Id.—In such case there should be an accounting decreed between the executor and the heirs, and the former should be credited with the price paid by the purchaser, and the amounts paid for necessary repairs, taxes, and insurance, and for buildings erected by him, and he should be charged with rents and value of use; but if the cost of the buildings exceed the rent and value of use, then the executor should not be credited with such cost, but should be allowed to remove the buildings ; all balances to bear legal interest, with annual rests.</p>