Fiduciary duty: secret or conflicting pecuniary gains must be held and accounted for the beneficiary. A person acting in a fiduciary capacity who, by availing himself of that character, gains any pecuniary advantage, or who enters into dealings where his interests conflict with those of the person owed a duty and thereby gains a pecuniary advantage, must hold that advantage for the benefit of the person to whom the duty is owed; examples include undervalue purchases, use of trust property for private profit, receipt of payments on retirement, and acquisition of partnership assets or leases for personal benefit.