New Jersey Equity Reports Volume 14

New Jersey Equity Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ... there are circumstances in this case, aside from the mere balancing of the weight of testimony, which demand a correction of the valuation adopted by the master. A 1. Where a sale has been set aside on the ground of an abuse of trust, and the administrator called upon to account for the value of the property, a doubt as to its true value should be resolved in favor of the eestui que trusts. The trustee should not be permitted, by raising doubts by the production of conflicting opinions as to the value of the property, to derive an advantage from his improper dealings with the trust estate, but should rather be compelled to account upon the basis of estimates made by intelligent and reliable witnesses on the part of the cestui que trusts. 2. But all doubt in this case is removed by the fact, that one of the witnesses on the part of the complainant, whose testimony is unimpeached, testifies that at the time of the sale by the administrator he was desirous of purchasing the property; that he had made up his mind to give six thousand dollars for the farm; that a friend had agreed to aid him with funds to make the purchase, and that they had together concluded thats the farm was worth six thousand dollars. He is confirmed in this statement as to his inten tion to purchase, and his making preparation for that purpose, by the party who was to furnish the funds, and is fully sustained by other witnesses as to the reasonableness of the price which he proposed to pay. The witness is not impeached; nor do I see anything in the testimony calculated to discredit his evidence. The fact, then, is established, that at the time of the sale by the administrator there was a party ready and willing to purchase the farm at the price of six thousand dollars....
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236911792
  • 9781236911797