Hill v. Den

Citations

• 54 Cal. 6

Syllabus

<p>Trust—Will—Power of Sale — Jurisdiction—Trustee, Deed by—Purchaser in good faith — Notice — Partition — Estoppel — Statute of Limitations—Patent — Decree of Distribution.—N. D., in consideration of natural love and affection and of one dollar, executed to himself and his brother, E. D., jointly, a deed of conveyance of an undivided half of the Eancho Dos Pueblos, in trust for his children, and — after subsequently conveying a portion of the rancho, by metes and hounds, to one D. H. — died, leaving a will; wherein (after constituting three executors, and enjoining upon them to pay his debts) he devised to them, in trust for his children, the Eancho Dos Pueblos, or so much thereof as liad not, before the date of the will, been conveyed by the deed of trust above mentioned—the share of each to be conveyed to him upon his reaching the age of twenty-one years. Bequests were also made to T. A. and J. A. All the executors qualified; hut one of them afterward resigned. Afterward, and more than five years before the beginning of the suit, the other executors sold and conveyed portions of the land to H. and others, for the purpose of paying debts and charges of the trust, and also conveyed portions of the land, in professed pursuance of the trust, to certain of the adult heirs, some of whom accepted and others declined to accept the deeds; the title of two of those accepting afterward vesting, by mesne conveyances, in H. and others of the purchasers aforesaid. Afterward, the acting executors and E. D. executed a deed of partition of the Eancho between the two trusts, by which all of the land conveyed as aforesaid by the former fell into their allotment, and E. D. agreed to make such conveyances to the purchasers as might be necessary to perfect their titles. Afterward, a final decree of distribution was made by the Probate Court, by which the Eancho Dos Pueblos was distributed to the acting executors, as trustees under the will, and in which no mention was made of the lega