Estate of Stewart
Estate of Stewart
Opinion of the Court
While there is a conflict of evidence in this case, we cannot say that the learned auditor has erred in his findings of fact. With the facts established, his conclusions follow logically. When a trustee seeks to convert the trust funds, or a portion thereof, in his hands, into an ordinary debt, or a loan from his cestui que trust to himself, he must do so by clear and satisfactory evidence. The presumptions are all against him, and the law looks with jealousy upon such transactions. It exacts the highest good faith on the part of the trustee, and the burden is upon him of showing it. The parties are not dealing at arms length, nor upon equal terms. We find nothing to justify us in reversing the auditor and court below.
The decree is affirmed and the appeal dismissed, at the costs of the appellant.
Reference
- Full Case Name
- ESTATE OF ELIZ. H. STEWART, IN TRUST
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. When a trustee seeks to show that the trust fund in his hands, or a portion thereof, was converted into an ordinary debt, or a loan from his cestui que trust to himself, the burden of proof is upon him to establish the fact by clear and satisfactory evidence; the presumptions are all against him. 2. A release of the trustee, purporting to have been executed by the cestui que trust several years after the transaction alleged, unattested, without consideration stated and with interlineations, produced by the trustee without proof of execution and delivery save by opinions as to signature, was properly rejected.