Guthrie v. Tullock

Citations

• 5 Wash. 283
• 31 P. 871
• 1892 Wash. LEXIS 52

Syllabus

<p>TRUSTS —LAND PURCHASED BY CONTRIBUTIONS — EXECUTION OE TRUST.</p> <p>A mere general contribution to a fund for the purchase of land, the title of which is taken in another, will not create a trust in favor of the donor, unless at the time of the purchase it is understood he is to have a certain proportion or aliquot part of the whole tract purchased.</p> <p>A number of persons contributed funds for the purchase of certain government land to be used for cemetery, church, school and other purposes, with the understanding that each should have a right to vote on all questions affecting the land purchased, and each should have a lot in the cemetery to be laid off therein. At a meeting of the contributors thr.ee of their number were selected as trustees to acquire title from the government, and it was decided that the trustees should manage and dispose of the property in accordance with a majority vote of the contributors present at any called meeting, seven to constitute a quorum. After most of the land had been disposed of for various purposes, a meeting of the original contributors was held, pursuant to call, at which it was proposed to sell the land used for cemetery purposes and secure other ground more favorably situated and adapted to the purpose, and give each subscriber to the original fund a lot in the new cemetery, in lieu of his interest in the old. A majority of those assembled at the meeting voted to sell, and the trustees accordingly sold and conveyed said land, and with part of the proceeds of sale purchased other ground for cemetery purposes, and conveyed the same to a corporation organized for the purpose of receiving and controlling it. The balance of the money received from the sale was deposited in bank to be used in improving and embellishing the grounds. Some of the contributors to the original fund, who were opposed to the sale, brought an action to have the sale and conveyance by the trustees canceled and annulled, on the ground that it was a