[1] Trusts—Voluntary Trusts—Repudiation op—Statute op Limitations.—In the ease of a voluntary express trust where the estate is to be managed for the benefit of the trustor to be returned on demand, the statute of limitations does not begin to run until after a repudiation of the trust. The same rule is applicable to voluntary resulting trusts.

[2] Id.-—Involuntary Implied Trusts—Repudiation Unnecessary.— In the case of an involuntary implied trust raised by operation of law no repudiation of the trust is necessary to start the running of the statute of limitations.

[3] Id.—Action to Enforce—Nature op Trust Alleged.—In this action for a judgment decreeing that certain real estate and personal property was the property of plaintiff and held by defendant in trust for plaintiff, for the transfer of such property to the plaintiff, and for an accounting, the pleader alleged facts showing an express voluntary trust arising out of the confidential relations existing between the parties, the repudiation of which was necessary to start the running of the statute of limitations.

[4] Id.—Prohibited Trusts—Construction op Sections 724 and 857, Civil Code.—Such trust, in providing for accumulations after minority and permitting the conveyance of real property, was not • void under sections 724 and 857 of the Civil -Code. 'Section 724 of the Civil Code is a limitation upon the power to create future interests by will or transfer in writing, but has no- application to the deposit of money with an adult to be invested for the use and benefit of the owner, while section 857 relates only to the creation of a trust for the benefit of a third person.

[5] Id.—Trust to Receive and Hold Property.—A trust to receive and hold real property to be transferred to the trustor on demand is not a trust to convey within the meaning of Estate of Fair, 132 Cal. 523.

[6] Id.—Laches—Demurrer.—It is only when laches affirmatively appears on the face of the complaint that this defense can be raised by demurrer.

1. Application of statute of limitations as between trustee and beneficiary of express trust, notes, 3 Ann. Cas. 200; 13 Ann. Gas. 1165; Ann. Gas. 19170, 1018.

[7] to .—Action to Enforce—Laches.'—Where suit to enforce an express voluntary trust is commenced within less than two months after the rejection of demand upon the executrix of the estate of the deceased trustee and within three days after rejection of demand by the surviving trustee, this does not constitute such delay as would warrant the court in holding that the plaintiff was guilty of laches in the institution of the proceedings.

7. Laches which will defeat relief after repudiation of express trust, note, 5 L. R. A. (If. S.) 986.