Plaintiff performed administration of certain minor
acts regarding testator’s estate.
Hence became executor, hence in fiduciary position.
Innocent of his fiduciary status, he bought property
at fair value at public auction.
Court of Appeal refused to set aside sale.
Harman LJ stated purpose of rule was to prevent any
sale by a person acting as both vendor and purchaser, but here property was prepared
for sale by two other executors with no input from purchaser.