Shipley

plaintiff appeals from a judgment refusing to enjoin, temporarily or permanently, the defendants, who are the trustees of Carmcl-by-the-Sea, a municipal corporation, and trustees under the will of Ella Reid Harrison, deceased, from an alleged unauthorized expenditure of a $20,000 trust fund for the erection of a library building upon property devised to the city for that purpose, and to be known as the “Ralph Chandler Harrison Memorial Library.” Plaintiff alleges that the city trustees, disregarding the terms of the trust, intend to construct a nonfireproof frame building instead of a “fireproof construction and of Spanish style of architecture.”

In their answer the defendants admit that, as trustees under the will of Mrs. Harrison, they intend to expend the sum of $20,000 in the construction of “a frame-stucco building, with a tile roof, and of architecture suggestive of the Spanish,” but deny that the proposed construction is contrary to the terms upon which thé trust fund was bequeathed and distributed. They specifically plead that portion of the decree of distribution in the estate of Mrs. Harrison which distributes to the board of trustees of the city of Carmel-bythe-Sea…