Hartman v. Hartle
New Jersey Court of Chancery
122 A. 615 (1923)
Dorothea Geick died with a will directing her executors to sell her real estate and divide the proceeds between her five children. Her will also named her two son-in-laws as the executors of her estate (defendants). The executors sold some of Dorothea’s real estate known as “the Farm” at auction to Lewis Geick for $3,900. Lewis had purchased the property for his sister, Josephine Diecker (defendant), whose husband was one of the executors of Dorothea’s estate. Josephine then sold the Farm two months later for $5,500. When the executors presented their final accounts ten days later, one of Dorothea’s daughters (the Daughter) (plaintiff) raised her concern to the deputy surrogate that the Farm was not sold to Josephine for a fair price. Approximately one year later, the Daughter filed an action alleging that the sale of the Farm by the executors to Josephine was fraudulent and improper and asked that the Farm be returned to the estate to be resold, or that she be awarded one-fifth of the $1,6000 profit Josephine realized from her sale of the Farm. The Daughter made further allegations regarding an agreement between the heirs to place a bid at the auction of the Farm for the benefit of all the heirs, but these allegations disproved at the hearing. The question remaining for the court was whether the sale of the Farm by the executors to the wife of one of the executors without leave of the court was in and of itself improper and void.
Rule of Law
Holding and Reasoning (Foster, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.