Executors and administrators — Proof by executor of asset of estate — Approval by coexecutors — Good faith.
1. Where the will does not explicitly authorize the executor to purchase from the estate, a purchase by the executor at his own sale of personal property belonging to his decedent's estate is voidable at the instance of the beneficiaries under the will of the decedent, even though such purchase is made by the executor in good faith and with the knowledge and approval of his coexecutors. [464]
2. In this case, the executor was held liable for the sum which represented the difference between what he received for shares of stock belonging to the estate, which he had sold to himself with the alleged approval of his coexecutors, and the amount for which he had accounted. [459-64]
Argued January 28, 1935.
PER CURIAM, February 6, 1935:
The judgment is affirmed on the opinion of President Judge SCHAEFFER.