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" ... that the cestui que trust intended the trustee should buy, and there is no fraud, no concealment, no advantage taken by the trustee of information acquired by him in the character of trustee. "
A Practical Treatise on the Law Relating to Trustees: Their Powers, Duties ... - Page 131
by James Hill - 1845 - 654 pages
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise - Real property - 1818 - 636 pages
...engage in such a transaction. A trustee might buy from the cestui que trust, provided there •was a distinct and clear contract, ascertained to be such,...trust intended the trustee should buy ; and there was no fraud, no concealment, no advantage taken by the trustee, of information acquired by him in...
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A Digest of the Laws of England Respecting Real Property, Volume 1

William Cruise - Real property - 1818 - 598 pages
...migh't buy from the cestui que trust, provided there 'a distinct and clear contract, ascertained to be after a jealous and scrupulous examination of all...trust intended the trustee should buy ; and there was no fraud, no concealment, no advantage taken by the trustee, of information acquired by him in...
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A treatise on the principles and practice of the High court of chancery

Henry Maddock - Common law - 1820 - 788 pages
...though the rule be that a Trustee cannot purchase from himself, he is allowed to purchase from his Cestui que Trust, provided there is a distinct and...and scrupulous examination of all the circumstances, and there is no Fraud, no concealment, no advantage taken by the Trustee, of information acquired by...
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A Digest of the Laws of England, Volume 1

Sir John Comyns - Digests, etc - 1822 - 838 pages
...himself, he is allowed to purchase from his cettui gue trial, provided there is a clear and distrinct contract, ascertained to be such, after a jealous...and scrupulous examination of all the circumstances, and there is no fraud, no concealment, no advantage taken by the trustee, of information acquired by...
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The Reports of Sir Edward Coke, Knt: In Thirteen Parts, Volume 1

Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...between mortgagor and mortgagee, •: Sch. and Lef. 673. Л trustee, however, may buy from the cestuique trust, provided there is a distinct and clear contract,...ascertained to be such, after a jealous and scrupulous examinaCit. Lit. Sect. 202. [» 137 b.] («) Br. Condition, 33. Fitz. Condition, 5. 11 Co. 83 b. 2...
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Reports of Cases Argued and Determined in the High Court ..., Page 30, Volume 3

Great Britain. Court of Chancery - Equity - 1826 - 698 pages
...v. Toone, 5 Mad. 54. WNeill v. Cahill, 2 Bligli 260. Chalmer v. Bradley, ub. sup. A trustee however may buy from the cestui que trust, provided there is a distinct and clear contract between them, and no advantage taken by him of his character of trustee. Coles v. Trccothick, 9 Ves....
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 2

Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...though the rule be, that a trustee cannot puncha« from himself, he is allowed to purchase from his cestui que trust, provided there is a distinct and...and scrupulous examination of all the circumstances, anil there is no fraud, no concealment, no advantage taten by the trustee, of information acquired...
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Reports of Cases Argued and Determined in the High ..., Volume 9; Volume 25

Great Britain. Court of Chancery - Equity - 1827 - 656 pages
...(97) Jackson v. Lever, 3 Bro. CC 605. trust, provided there is a distinct and clear contract, 1804. ascertained to be such after a jealous and scrupulous examination of all the circumstances, proving, that the ,. eestui que trust intended, the trustee should buy; and TF.K-OTIIK K. there is...
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Reports of Cases Argued and Determined in the High ..., Volume 12; Volume 25

Great Britain. Court of Chancery - Equity - 1827 - 572 pages
...explains all, that was intended by those former passages. His Lordship in that case says, " a trustee may buy from the cestui " que trust, provided there is a distinct and clear con" tract, ascertained to be such after a jealous and scru" pulous examination of all the circumstances,...
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A Systematic Arrangement of Lord Coke's First Institute of the ..., Volume 2

Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...though the rule be, that a trustee cannot purchase from himself, he is allowed to purchase from his cestui que trust, provided there is a distinct and...and scrupulous examination of all the circumstances, and there is DO fraud, no concealment, no advantage taken by the trustee, of information acquired by...
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