HARTMAN V. HARTLE 95 N.J. Eq. 123, 122 A. 615 (1923) CASE BRIEF

HARTMAN V. HARTLE
95 N.J. Eq. 123, 122 A. 615 (1923)
NATURE OF THE CASE: This was an action to set aside the sale of estate property. Hartman (P) filed a bill in equity seeking rescission of a sale of property or an accounting of profits from Hartle (D).
FACTS: Testatrix named her two sons-in-law as executors of her estate. Her will directed that her real estate was to be sold, and the proceeds were to be divided equally among her five children. The executors sold a farm owned by the estate to one of Testatrix's sons. The son who bought the property was actually buying it for his sister, the wife of one of the executors. The sister subsequently sold it to a third party. Another of Testatrix's daughters (P) challenged the sale, claiming that a sale of estate property to the wife of an executor was illegal and void.

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LEGAL ANALYSIS:





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