City of Tacoma v. Tacoma Cemetery

Citations

• 28 Wash. 238
• 68 P. 723
• 1902 Wash. LEXIS 480

Syllabus

<p>CHARITABLE TRUSTS-CEMETERY-POWER OP TRUSTEES TO SELL.</p> <p>Where a donor deeds lands for cemetery purposes to a hoard of trustees who had been selected for that purpose by town trustees, to take title in behalf of the town in the name of such board and to perfect their organization for the management of the cemetery grounds as they deem best, the conveyance reciting that the grantee should be such board, “their successors and assigns,” there is implied authority in the deed for such trustees to sell portions of the land and apply the proceeds to the betterment of the remainder for the purposes of the original grant, and its terms negative the presumption of any intention to require that the whole tract should be retained in specie.</p> <p>SAME-EXECUTION OP TRUST — -PRESUMPTION PROM ACQUIESCENCE.</p> <p>Where portions of a tract donated for charitable purposes were alienated by the trustees about two years after the conveyance of the land to them, and such alienation silently acquiesced in for a period of fourteen years by all parties interested in the trust, the presumption is that such manner of executing the trust was confirmed thereby, when it appears that the sales were made in good faith, and the proceeds were used in carrying on t.he trust, apparently for the benefit of the trust.</p>