Gilbert v. Penfield

Citations

• 124 Cal. 234
• 56 P. 1107
• 1899 Cal. LEXIS 977

Syllabus

<p>Trust—Action fob Enforcement—Finding as to Terms—Conflicting Evidence—Appeal.—In an action to have a trust declared, and to compel a conveyance of lands, where there is a controversy as to the terms of the trust sought to be enforced, and there is conflicting evidence thereupon, and evidence tending to show that the trust as found by the court correctly states the understanding of the parties, the finding is conclusive upon the appellate court.</p> <p>Id.—Power to Take up Mortgages, Inclusive of Power to Remortgage. A power given by the terms of the trust “to provide for taking up” of certain mortgages specified, and “to hold the property until a favorable time for the sale of the same should come,” is inclusive of the power to remortgage the property for the purpose of taking up the mortgages specified.</p> <p>Id.—Implied Powebs of Tbustee.—Though every act of the trustee which is in contravention of the trust is void, yet the trustee has authority to adopt measures and to do acts which, though not specified in the instrument, are implied in its general directions, and are reasonable and proper means for making it effectual.</p>