Morffew v. S.F. & San Rafael R.R.

Citations

• 107 Cal. 587
• 40 P. 810
• 1895 Cal. LEXIS 795

Syllabus

<p>Construction of Wilt,—Power of Sale—Trust. —Where a testator devised all his property to his wife in trust for his children, and, without appointing any executor, in direct terms provided that if a majority of his executors deem it desirable to sell part of the unproductive estate granted by the will before the final distribution of the same, the proceeds were to be divided among the surviving heirs, the power of sale of the unproductive estate must be considered as given to the widow as trustee, and not as executrix, during her life and ability to act.</p> <p>Id.—Estates of Deceased Persons—Effect of Distribution to Trustee—Probate Jurisdiction.—The lands distributed after administration into the hands of the widow, as trustee under the will, ceased to be a part of the estate in the course of administration; and, prior to the enactment of sections 1699 to 1703 of the Code of Civil Procedure, the probate court, and its successor the superior court, in the exercise of probate jurisdiction, had no further control of the same; and the circumstance that at a future time there was to be a division of the property among the beneficiaries of the trust did not affect the rule; and the only power to regulate and direct the administration of the trust lay with the court possessed of general equity jurisdiction.</p> <p>In.—Power of Sale by Trustee—Confirmation by Court.—After the decree of distribution to the widow as trustee no confirmation of a sale under the power held by her as trustee was required or authorized by law.</p> <p>Id.—Estate of Trustee.—The trustee takes an estate adequate to the execution of the trust, no more and no less.</p> <p>Id.—Discretionary Power of Sale—Enlargement of Life Estate— Naked Power to Sell Remainder.—Where there is no trust for the purpose of sale and the power of sale of the unproductive lands is by the terms of the will left discretionary, a life estate, vested in the trustee as an individual, is not enlarged to a fee by the power of s