Roberts

From the judgment and from the order denying a new trial the defendant appeals.

The object of the action is to procure a judgment directing the state treasurer to return to the plaintiff certain bonds amounting to $100,105, face value, theretofore deposited with him by the plaintiff to comply with the provisions of the act of April 6,1891.

The plaintiff corporation was organized on March 9, 1908. Its articles of incorporation empowered it to “buy, sell, manage, control and dispose of” almost every kind of property and, specifically, among other things, “4. To act as trustee, guardian, executor, administrator, assignee, receiver, and in any fiduciary capacity”; and “5. To do a general commercial bank and trust business, and to accept and execute trusts of all kinds.” Its capital stock is two hundred and fifty thousand dollars, divided into two thousand five hundred shares, all of which except two were subscribed by Z. S. Spalding and Rufus P. Spalding, and which, so far as appears, are still held by them.

The act of 1891 (Stats. 1891, p. 490) provided that any corporation which was authorized by its articles to act as executor, administrator, guardian of estates, assignee,…