Huntoon v. Southern Trust & Commerce Bank

Holding

The court held that a purchaser who acquires property from a trustee expressly empowered by deed to sell and convey that property takes title free from the claims of the trust’s beneficiaries, even if the sale violates the trustee’s duties, provided the purchaser lacks notice of the violation. Furthermore, the court held that the trust instrument at issue granted an absolute power of sale not limited by time or revoked by the trustor’s death.