Cunningham

This is an appeal by the plaintiff, as trustee in bankruptcy of Rose Murray, from a judgment denying equitable relief. Rose Murray is a daughter of one Dan Cunningham, who died in 1912. The estate of Dan Cunningham was distributed in 1913 in undivided interests, one-half to Margaret Cunningham, his. widow, and one-twelfth to each of his six children, including Rose Murray. On May 10, 1923, the mother and the six children created a trust designated as the Cunningham Estate Trust. In the creation of this trust the entire property, which consisted of real estate, was conveyed to two of Rose Murray’s brothers, Daniel J. Cunningham and Hugh P. Cunningham as trustees. By this deed of trust it was provided that such trustees should have the management, care, custody and control of said property and receive the rents, income and revenue thereof and pay all expenses in connection with such property; that the trustees should have the power to sell and dispose of any portion or portions of the trust property and to invest and re-invest the proceeds subject to the other provisions of the trust deed; to borrow money and for that purpose mortgage, pledge or hypothecate the property; to grant…