Tevis

This is an action brought by three trustees to obtain a judgment for the removal of defendant as a fourth trustee. Judgment went for plaintiffs, and defendant appeals from the judgment and from an order denying a motion for a new trial.

A corporation called the San Francisco and Point Lobos Road Company went out of existence in 1882 by expiration of the term of its charter; and, by the statute under which it was organized, its directors, at the time of its dissolution, became trustees for the purpose of collecting and paying its debts, settling all its affairs, and dividing its assets among its stockholders. (Stats; *250 1850-53, p. 299.) It had five directors, and at the time of its dissolution the directors were the three plaintiffs, and the defendant herein and one Alpheus Bull, who died before the commencement of this action. In the complaint, certain acts and conduct of the appellant are alleged, which, it is contended by respondents, constituted a violation by appellant of the trust, and show his unfitness to execute it; and this action was brought to have him removed under section 2283 of the Civil Code, which provides that “ the superior court may remove any trustee who…