Pratt

Pratt v. Security Trust & Savings Bank

Good Law
15 Cal. App. 2d 630·1936 Cal. App. LEXIS 112·59 P.2d 862
Court of Appeal of CaliforniaJuly 27, 1936Civ. 10038California2,842 words

Opinion

Opinion

Roth, J.

Plaintiffs as resident taxpayers and members of the public of the City of Los Angeles, and as beneficiaries of a testamentary charitable trust created by the will of Griffith J. Griffith (confirmed by decree of distribution November 12, 1924), suing for themselves and “for and on behalf of the said public and all persons beneficially interested ...” brought this action in two counts primarily against Security-First National Bank of Los Angeles (hereinafter referred to as bank or trustee), and the City of Los Angeles and members of the board of park commissioners of the City of Los Angeles. According to plaintiffs, the first cause of action is “for declaratory relief to construe and determine the meaning of the trust instrument as contained in the will and declared in said decree of distribution, also to construe and determine the meaning of the said contract of July 25, 1929, by which the City of Los Angeles accepted the said gift in trust for the benefit of the public and bound itself to certain obligations recited therein, and for a declaration of the rights of the several parties plaintiffs and defendants under said written instrument”. The second cause of action is “based upon…

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