Floyd
Floyd v. Rankin
Opinion
Lead Opinion
Works, J.
— James Lick executed a deed of trust to certain persons named therein, by which large sums of money were to be realized from the property conveyed, and applied to various charitable and other beneficial purposes. Some changes were subsequently made in the trustees, which it is unnecessary now to notice. The plaintiffs in this action are the present trustees under *161 the trust deed, and bring this suit against the beneficiaries under the deed, and various persons appointed thereby to assist in carrying its provisions into effect, to have certain parts of the deed construed for their guidance. The deed recites certain facts necessary to a correct understanding of its objects and purposes, and to give it the proper legal effect, names the trustees to act under it, describes the property, real and personal, conveyed by it, and provides that the property so conveyed shall be for the “ uses and purposes hereinafter mentioned, and to have and hold the same unto the said parties of the second part, their successors and assigns, in trust for the following purposes, to wit”: —
The first clause defines the general powers and duties of the trustees, with reference to the property…