Cogswell

Appeals from the judgment and from the order denying a new trial.

Defendants Henry D. Cogswell and his wife, Caroline E. Cogswell, upon March 1, 1887, executed to certain trustees, themselves amongst the number, a deed of trust to real estate in the city and county of San Francisco. The trust was created under the provisions of the act of the legislature entitled, “An act to advance learning, the arts and sciences, and to promote the public welfare by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance within this state of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art.” (Stats. 1885, p. 49.)

The nature, object, and purposes of the trust were declared to be the erection and maintenance of a poly-technical college for the purpose of giving the boys and girls of the state of California a practical training in the mechanical arts and industries, the better to fit them to engage in the different pursuits of life.

The trustees, including the defendants Cogswell, accepted the trust upon the day of the execution of the deed,…