Laffoon v. Balkwill

Citations

• 60 Wash. 401
• 111 P. 455
• 1910 Wash. LEXIS 1057

Syllabus

<p>Trusts — Partition — Rights Under Contracts — Discretion of Trustees — Control by Courts — -Dedications—Plats—Vacation. In the absence of fraud or manifest error from which fraud would be inferred, the courts will not control the discretion of trustees, under a trust agreement whereby lots and fractional lots in an addition not conforming to adjacent streets were conveyed to the trustees to secure vacation of the plat and to replat and thereafter distribute the new lots among the grantors as their general interest may appear, considering and preserving the rights, both legal and equitable of all, with power tq assess owelty or benefits if deemed necessary to an equitable partition; and it is not necessary that the trustees consider the vacated portion of streets as additions to abutting property, where they estimated the relative value of the old lots and fractions and partitioned to the owners a proportionate part of the estimated value of the new lots as replatted.</p>