O'Connor v. Flynn
57 Cal. 293 ·
Supreme Court of California
Published · citable
Cited by 1
Holding
The court held that an executor's pre-confirmation agreement to purchase estate property from the court-appointed high bidder constitutes a voidable transaction and a breach of fiduciary duty, imposing a constructive trust on the property for the benefit of the devisees, regardless of the executor's good faith or the fairness of the sale price.