
    M’Key, Executor of Fuqua, v. Young.
    Spring Vacation.
    1809.
    Executors — Right to Purchase Laud Sold by Him under the Will. — A purchase of land, by an executor, which had been sold by him agreeably to the will of his testator, is valid, if it appear that his conduct in the sale was fair and correct.
    
      ***See Anderson ana Starke v. Fox and others, 2 H. & M. 345.
    The principal question in this case was, whether a sale of a tract of land, made by the plaintiff, agreeably to the will of his testator, was valid, as the plaintiff himself became the purchaser.
    
      
      Fiduciaries — Purchase of Trust Subject. — The principal case holds that, a purchase of land, by an executor, which had been sold by him agreeably to the will of his testator, is valid, if it appears that his conduct in the sale was fair and correct.
      The prevailing rule, however, seems to be that a fiduciary cannot purchase at his own sale however fair the transaction may be. See, citing the principal case, foot-note to Moore v. Hilton, 12 Leigh 1; foot-note to Bailey v. Robinsons, 1 Gratt. 4; foot-note to Buckles v. Lafferty, 2 Rob. 292; Newcomb v. Brooks, 16 W. Va. 64; Lewis v. Broun. 36 W. Va. 7,14 S. E. Rep. 446.
      See monographic note on “Executors and Administrators” appended to Rosser v. Depriest, 5 Gratt. 6.
    
   By the Chancellor.

The plaintiff offered the land twice for sale at Charlotte CourtHouse, on a Court day, and was himself the highest bidder, at each sale, and gave the estate to his testator’s credit, for the highest price, as the depositions referred to by the Commissioner, at the instance of the defendant Young, prove; as they also do that the conduct of the executor was fair and correct. Under these circumstances, I consider the sale valid, as made by the executor in this case, and should *be confirmed; which some of the legatees have done since they came of age, by executing a deed for that purpose; and I believe that this opinion will be found to accord with the universal understanding of the people of this country; for there is nothing more common than for an executor to be a purchaser of his own sale of his testator’s estate, and most commonly to the advantage of the legatees.  