In Re Leavitt
Opinion
Lead Opinion
Hart, J.
On the twentieth day of October, 1882, Charles H. Leavitt, Simeon Sawyer and Mary A. Sawyer, his wife, conveyed to Jerome B. Fargo a portion of fifty-vara lot No. 1 in the Western Addition, block No. 512, on the northwest corner of Fulton and Devisadero streets, in the city and county of San Francisco, in trust for the following uses and purposes, to wit:
Said deed was duly acknowledged and recorded in the office of the county recorder of said city and county on the twentieth day of October, 1882; that before being so recorded said Fargo in writing indorsed- upon said deed his acceptance of said trust. Immediately upon the recordation of said deed, said Fargo entered upon and proceeded to discharge the duties of such trustee, and continued to act as such until his death, which occurred on the sixth day of January, 1896.
On the sixth day of August, 1896, the court, upon the petition of the parties in interest, appointed John C. Winans as trustee in the place of said Jerome B. Fargo, deceased, and said Winans thereafter duly qualified and then entered upon the discharge of his duties as such trustee, and continued to act as such until his death some .time in the year…