Schlessinger v. Mallard

Citations

• 70 Cal. 326
• 11 P. 728
• 1886 Cal. LEXIS 787

Syllabus

<p>Express Trust—Termination op— Conveyance by Trustor—Estate op Grantee.—The author of an express trust which does not provide to whom the trust property shall belong upon a failure or termination thereof may convey the property subject to the trust; and the grantee will acquire all the rights in and to the property that the trustor had.</p> <p>Id. —Trust for Cemetery Purposes—Los ’Angeles—Quitclaim Deed — Confirmation by Legislature.—The land in question was originally part of the pueblo lands of the city of Los Angeles. In 1857, the city set it apart as a public cemetery, and conveyed it to the defendant and two. others, since dead, in trust for the uses and purposes of a cemetery. A small portion of the land was used, for such purposes until 1861, when the city resolved, by ordinance, to discontinue the use and to remove the bodies there buried. This was done, except that a few bodies buried in one corner were not removed. In 1870, the city, by a quitclaim deed, conveyed the land to the grantor of the plaintiffs, which conveyance was subsequently confirmed by an act of the legislature. Held, that the deed, in connection with the act of confirmation, transferred all the interest of the city in the land.</p> <p>Id. — Resulting Trust.—Held further, that as to the portion of the land not used for the purposes of a cemetery, and as to which such use was discontinued, a trust resulted by operation of law in favor of the city and its grantees.</p> <p>Id. — Right of Trustor to Reconveyance. — The abolition of the cemetery by the city terminated the trust relation, and thereupon it became the duty of the trustees to reconvey the trust property.</p> <p>Id. —Trustee cannot Hold Adversely—Statute of Limitations. —A trustee cannot be permitted to retain possession as such after repudiating the trust and claiming adversely.</p> <p>Id. — Substitution of Trustees—Equity. — A court of equity will substitute new trustees to manage the trust property when its safety or proper admi