In Spencer et al. v. Lee, 19 W. Va. 179, 192, the trustee in a deed of trust, upon the death of the cestui que trust, qualified as his executor, and in the circumstances it was held that he could no longer act in a sale of the property under the deed of trust with that impartial disinterestedness required of a trustee.
Summary of this case from Spruill v. BallardNo. 88-6972.
March 5, 1990, October TERM, 1989.
C.A. 7th Cir. Certiorari denied. Reported below: 864 F. 2d 1376.
In Spencer et al. v. Lee, 19 W. Va. 179, 192, the trustee in a deed of trust, upon the death of the cestui que trust, qualified as his executor, and in the circumstances it was held that he could no longer act in a sale of the property under the deed of trust with that impartial disinterestedness required of a trustee.
Summary of this case from Spruill v. BallardFull title:SPENCER v. LEE ET AL
Court:U.S.
Date published: Mar 5, 1990
Chowning v. Cox, 1 Rand. (22 Va.) 306, 10 Am. Dec. 530. See, also, Morgan v. Glendy, 92 Va. 86, 88, 22 S.E.…