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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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A. C. 81.

Bounding land on street or alley as covenant that street or
alley exists, where grantor does not own fee thereof. — See 10
L. N. S. 964.

Compromise agreement locating division line at place known
not to be true boundary line, effect of. — See 10 L. N. S. 610.

Conclusiveness of established. — See 110 A. S. 677.

Same — Proceedings to fix upon title to land. — See 3 A. C. 1064.

Same— Survey.— See 3 A. C. 140; 110 A. S. 677.

Confusion of, equity jurisdiction in case of. — See 15 A. D. 745.

Construction of.— See 22 A. S. 34; 30 A. S. 453.

Construction of "beginning at the side of a road."— See 39

A. R. 305.

Declarations— Of deceased persons as evidence of.— See 94

A. S. 678.
, Same — What admissible to prove. — See 36 A. R. 749.

Description, rules governing inconsistent or uncertain.— See
30 A. D. 734.

534



Tit.III,ch.I,art.II.] boundaries, generally. § 829

Domicile or residence where boundary line runs through
dwelling.— See 10 L. N. S. 874.

Effect of taking- possession on disputed boundaries. — See 3
L. N. S. 805.

Establishment of and description. — See 1 L. 214; 1 L. 522; 4 L.
643; 13 L. 142.

Fixing by estoppel. — See 1 L. 522.

Fraud in declaration of opinion as to. — See 35 L. 419.
Hearsay evidence regarding. — See 15 A. D. 628.
Improvements by abutting owner with reference to what is
mistakingly supposed to be street boundary line, estoppel of
municipality from asserting true line. — See 7 L. N. S. 243.
Judicial notice of. — See 82 A. S. 439.

Limitations of actions founded on mistakes in. — See 62 A. D.
527.

Location of by acquiescence or agreement. — See 8 A. C. 81;
69 A. D. 711; 27 A. R. 239; 4 L. 643.

Map as affecting description. — See 13 L. 142.
Natural monuments as. — See 8 A. C. 81.
Navigable rivers as. — See 10 A. D. 385.
Of mining claim. — See 7 L. N. S. 851.

Of state or other municipalities — Upon waters. — See 15 L.
187; 23 L. 520; 45 L. 243; 65 L. 953.
On highways, as to. — See 4 L. 624.

On waters — As to, generally, 8 L. 579; 42 L. 502; 51 L. 178.
Same — Change of by sudden submerging of land. — See 38 L.
850.

Same — Effect of bounding grant on river or tide water. — See
42 L. 502.

Parole agreement establishing boundary line, as affected by
statute of frauds. — See 8 A. C. 83.

Possession taken and held beyond through mistake or igno-
rance.— See 24 A. S. 388.

Proof of by declarations and other hearsay testimony. — See
60 A. R. 589.

Property right in trees on. — See 82 A. D. 330; 21 L. 729.
Right to inspect public records as to. — See 27 L. 84.
Right to rely upon representations as to. — See 37 L. 610.
Same — Effect of fraud in representation. — See 35 L. 419.
Settlement of — By agreement or acquiescence, effect of. — See
8 A. C. 81; 69 A. D. 711; 27 A. R. 239; 4 L. 643.
Same— By parol.— See 13 A. D. 224.

Same — Disputed by an express or Implied agreement. — See
27 A. D. 121.

Streets or highways, when included within. — ^See 54 A. D. 797.
Suits to ascertain and declare. — See 119 A. S. 66.
Surplusage, what may be rejected as. — See 40 A. D. 109.

535



§§ 830, 831 CIVIL CODE. [Div.II.Pt.II.

Surveys, construction of, and establishing lost corners. — See
22 A. S. 34.

Trees growing on or near, rights of adjoining proprietors to. —
See 82 A. D. 330; 21 L. 729.

Water lots, running side lines of. — See 23 A. D. 536.

Waters and watercourses as. — See 30 A. D. 286; 27 A. S. 56.

§830. BOUNDARIES BY WATER. Except where the
grant under which the land is held indicates a different intent,
the owner of the upland, when it borders on tide-water, takes
to ordinary high-water mark; when it borders upon a navi-
gable lake or stream, where there is no tide, the owner takes
to the edge of the lake or stream, at low-water mark; when
it borders upon any other water, the owner takes to the mid-
dle of the lake or stream.

Hl.story: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 220; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 393, held uncon-
stitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 43 pars, annotation.

69 C. 122, 127, 10 P. 323, 326 (this and § 670 are but declara-
tion of pre-existing law); 99 C. 303, 308, 33 P. 1099 (conveyance
by state of lands bounding upon sea, or upon bay or navigable
stream, would extend to high-water mark); 108 C. 179, 185
(erroneously cited as § 880), 49 A. S. 76, 41 P. 289 (correct
citation); 138 C. 423, 425, 71 P. 496 (whether or not this sec-
tion is applicable to case depends upon evidence).

Bridges over navigable streams — How must be construed. —
See Kerr's Cyc. Pol. C. § 2875 and note.

Flotation of logs — Test of navigability — Enumeration of
streams. — See Kerr's Cyc. Pol. C. § 2349 and note.

Public ferries and toll-bridges. — See Kerr's Cyc. Pol. C.
§§ 2843-2895 and notes.

§831. BOUNDARIES BY WAYS. An owner of land
bounded by a road or street is presumed to own to the center
of the way, but the contrary may be shown.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

69 C. 202, 206, 10 P. 510, 512 (construed and applied); 70 C.
534, 540, 12 P. 530, 533 (applied); 95 C. 661, 665, 30 P. 793, 794
(applied); 41 P. 14 (applied); 131 C. 96, 99, 63 P. 143 (cited);

536



Tit.III,ch.I,art.II.] lateral support. §§832,833

151 C. 425, 431, 90 P. 1053 (applied to strip of land granted as
a highway).

Waters as boundaries. — See Kerr's Cyc. C. C. § 830 and note.



§832. LATERAL AND SUBJACENT SUPPORT. Each
coterminous owner is entitled to the lateral and subjacent
support which his land receives from the adjoining land,
subject to the right of the owner of the adjoining land to
make proper and usual excavations on the same for purposes
of construction, on using ordinary care and skill, and taking
reasonable precautions to sustain the land of the other, and
giving previous reasonable notice to the other of his intention
to make such excavations.

History: Enacted March 21, 1872; amended March 30, 1874,'
Code Amdts. 1873-4, p. 221. This section as originally enacted
was taken from proposed Civil Code of New York.- — 98 C. 346,

348, 33 P. 209, 20 L. 730.

South Dakota Comp. Laws, § 2784, an exact copy of this
section.— See 9 S. D. 412, 69 N. W. 585.

Utah Comp. Laws, § 2784, is substantially the same as this
section, except that it omits the words "in its natural con-
dition" and also the words "when improved." — 2 S. D. 285, 49
N. W. 1054.

See Kerr's Cyc. C. C. for 64 pars, annotation.

63 C. 269, 271, 272, 273, 274, 276 (construed and applied); 92 C.
96, 98, 28 P. 97, 98 (applied); 92 C. 600, 603, 604, 28 P. 809, 810
(construed); 95 C. 494, 499, 30 P. 762 (construed); 98 C. 346, 348,

349, 33 P. 209, 20 L. 730 (construed and applied); 105 C. 52,
57, 45 A. S. 25, 38 P. 539, 540 (applied); 128 C. 501, 503, 61 P. 96,
97 (applied); 147 C. 609, 611, 109 A. S. 178, 82 P. 241, 2 L. N. S. 796
(what ordinance is not in conflict with this section).

Party-wall— Rig-ht to use.— See Kerr's Cyc C. C. § 801, subd.
12 and note.

Respective rights and liabilities of adjoining- owners in respect
to party-walls. — See 19 L. 240.

Right by prescription for lateral support of buildings. — See
20 L. 730, 731; 66 A. D. 648.



§ 833. TREES WHOSE TRUNKS ARE WHOLLY ON LAND
OF ONE. Trees whose trunks stand wholly upon the land

537



§ 834 CIVIL CODE. [Div.II,Pt.II.

of one owner belong exclusively to him, although their roots
grow into the land of another.

HlMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

Ownership of soil upwards usque ad coelum. — See Kerr's Cyc.
C. C. § 829 and note.

Rights of adjoining proprietor where tree grows on or near
boundary line. — See 82 A. D. 330, 331.

§ 834. LINE TREES. Trees whose trunks stand partly on
the land of two or more coterminous owners, belong to them
in common.

HlNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars annotation.

7 C. A. 39. 40, 93 P. 383 (cited).

Overhanging branches — Fruit belongs to owner of tree. — See
Kerr's Cyc. C. C. § 832, note par. 2.

Rights of adjoining proprietor wliere tree grows on or near
boundary line. — See 82 A. D. 330. 331.



538



Tit.III,ch.II.] MONUMENTS AND FENCES. §§ 840, 841

CHAPTER II.
OBLIGATIONS OF OWNERS.

§ 840. Duties of tenant for life.

§ 841. Monuments and fences.

§ 842. Owners of ditches, flumes, etc. Liability to each other.

§ 843. Neglect to pay proportion of expenses; liability in action.

§ 840. DUTIES OF TENA^NT FOR LIFE. The owner of a
life estate must keep the buildings and fences in repair from
ordinary waste, and must pay the taxes and other annual
charges, and a just proportion of extraordinary assessments
benefiting the whole inheritance.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

136 C. 514, 518. 69 P. 146 (applied).

Improvements — Allowance to life tenant for. — See 81 A. S. 182.

Rights of tenant for life. — ^See Kerr's Cyc. C. C. § 818 and note.

Termination of life estate by death — Decree declaring-. — See
Kerr's Cyc. C. C. P. § 1723 and note.

Waste — Definition of. — See Kerr's Cyc. C. C. § 818 and note
par. 13.

Same — Treble damages recoverable. — See Kerr's Cyc. C. C. P.
§ 732 and note.

§841. MONUMENTS AND FENCES. Coterminous owners
are mutually bound equally to maintain:

1. The boundaries and monuments between them;

2. The fences between them, unless one of them chooses to
let his land lie without fencing; in which case, if he after-
wards incloses it, he must refund to the other a just propor-
tion of the value, at that time, of any division fence made by
the latter.

History: Enacted March 21, 1872. This secti'on is apparently
based on 1 Rev. St. N. Y. 350, § 30. — See 9 How. Pr. (N. Y.) 453,
455. As to lawful fence in counties named, see Act 1850, as
amended by Act April 3, 1860 (Stats. 1860, p. 141). — Gonzales vs.
Wasson, 51 Cal. 295, 297. See Hen. G. L. tit. Fences.

See Kerr's Cyc. C. C. for 40 pars, annotation.
51 C. 295, 297, 298 (construed); 67 C. 591, 593, 8 P. 311 (con-
strued); 103 C. 43, 45, 36 P. 1029 (construed and applied); 103

539



§ 841 CIVIL CODE. [DiV.II.Pt.II.

C. Ill, 117, 37 P. 192 (provision for division fences — constitu-
tionality of act concerning); 119 C. 526, 527, 51 P. 848 (con-
strued and applied).

As to fences generally, see 12 Encyc. L. 1035.

Constittitionallty of statute giving fence viewers power to
assign division fences between owners to maintain. — See 8
A. C. 426.

Covenants to build fences, whether run with the land. — See
56 A. R. 161.

Division of partition fences between land owners. — See 23
Cent. Dig. col. 818, §§18-28; 9 Decen. Dig. p. 1013, §§11-13.

Duty to erect and maintain partition fences. — See 23 Cent.
Dig. col. 799, §1; col. 805; §§1-17; 9 Decen. Dig. p. 1011, § 1; 9
Decen. Dig. p. 1012, §§5-10; see "Partition fences," this note.

Failure to erect or maintain partition fence. — See 23 Cent.
Dig. col. 817, § 16; col. 837, § 39; 9 Decen. Dig. p. 1016, § 17.

Fencing* material, not actually attached to land as fixttire. —
See 69 L. 901.

Injunction to compel or prevent the erection, maintenance, or
removal of fences. — See 7 L. N. S. 49.

Lack of division fences as affecting liability for damages by
trespassing cattle. — See 9 A. C. 1095; 22 L. 60.

Lawful fence — What constitutes under act April 3, 1860 (Stats.
1860, p. 141, amendatory of act April 27, 1885). — See Hen.
G. L. tit. Fences.

Liability for permitting another's livestock to escape from
pasture by failure to keep proper division fence, extent of. —
See 20 L. 479; 12 L. N. S. 912.

Partition fences. — See 68 A. D. 626.

game^Definition of. — See 68 A. D. 626; 6 W. & P. 5190.

Same—Duty to erect and maintain. — See "Duty to erect,"
etc., this note.

Same — Liability for injuries arising from defects in. — See 54
A. S. 513.

Same — Proceedings to compel erection thereof. — See "Pro-
ceedings," etc., this note.

Party walls — Provisions as to. — See 'Kerr's Cyc. C. C. § 801 and
note.

Prescriptive right to maintain fence. — See 53 L. 901.

Proceedings to compel erection of partition fence or con-
tribution thereto. — See 23 Cent. Dig. coL 1826, §§29-44; 9
Decen. Dig. p. 1014, §§ 14-16.

Railroad fences. — See note § 454, ante; 3 A. C. 182.

Right of tenant to cut wood for fence. — See 68 L. 641.

Right to enjoin adjoining land owner from maliciously erect-
ing or maintaining fence of unusual height. — See 9 A. C. 734;
see also 40 L. 177.

Statutes formerly in force preserved. — See Kerr's Cyc. Pol. C.
§ 19 subd. 23 and note.

540



Tit.III,ch.II.] DITCHES, ETC.— EXPENSE. §§ 842, 843

Statutory provisions concerning rights of adjoining owners. —
See 12 L. 601.

Sufficiency of fences. — See 22 L>. 105.

Unlawful removal of fence. — See 12 L. 601.

Same — Liability for consequential injuries from. — See 53 L.
629.

Waters as boundaries. — See Kerr's Cyc. C. C. § 830 and note.

Ways as boundaries. — See Kerr's Cyc. C. C. § 831 and note.

§842. OWNERS OF DITCHES, FLUMES, ETC. LIABIL-
ITT TO EACH OTHER. When two or more persons are asso-
ciated by agreement in the use of a ditch, flume, pipe-line or
other conduit for the conveyance of water, or who are using
such ditch, flume, pipe-line or other conduit, or any part
thereof, for the irrigation of land or for any other lawful
purpose, to the construction of which they or their grantors
have contributed, he is liable to the others for the i-easonable
expenses of maintaining and repairing the same, and of dis-
tributing such water in proportion to the share to which he
is entitled in the use of the water.

History: Proposed by Code Commission and enacted March
16, 1901, Stats. Amdts. 1900-1, p. 393, held unconstitutional, see
history, § 4 ante; re-enacted March 21, 1905, Stats, and Amdts.
1905, p. 600.

§843. NEGLECT TO PAY PROPORTION OF EXPENSES;
LIABILITY IN ACTION. If any one of them neglects, after
demand in writing, to pay his proportion of such expenses,
he is liable therefor in an action for contribution, and in any
judgment obtained against him interest from the time of such
demand must be included. The action authorized by this sec-
tion must be brought by any or all of the parties who have
contributed more than his or their just proportion of such
expenses, and may be joint or several, and therein plaintiff
may recover as costs, reasonable counsel fees, to be fixed
by the court.

History: Proposed by Code Commission and enacted Marcli
16, 1901, Stats, and Amdts. 1900-1, p. 393, held unconstitutional,
see history, § 4 ante; re-enacted March 21, 1905, Stats, and
Amdts. 1905, p. 600.

541



§ 847 CIVIL CODE. [Div.II.Pt.II.

TITLE IV.

USES AND TRUSTS.

§ 847. What uses and trusts may exist.

§ 848. Right to possession of land creates legal ownership

[repealed].

§ 849. Certain trusts unaffected [repealed].

§ 850. Trustees of estate for use of another take no interest

[repealed].

§ 851. Preceding sections qualified [repealed],

§ 852. Trust must be in writing.

§ 853. Transfer to one for money paid by another. [Trust

presumed.]

§ 854. Rights of creditors [repealed].

§ 855. Section eight hundred and fifty-three qualified [repealed].

§ 856. Purchasers protected.

§ 857. For what purposes express trusts may be created.

§ 858. Vesting of mortgage powers.

§ 859. Profits of land liable to creditors in certain cases.

§ 860. Exercise of vested power.

§ 861. Creation of certain powers not prohibited [repealed].

§ 862. Land, etc., to descend to persons entitled [repealed].

§ 863. Trustees of express trusts to have whole estate.

§ 864. Author of trust may devise, etc.

§ 865. Title of grantor of trust property.

§ 866. Interests remaining in grantor of express trust.

§ 867. Restraining disposition of trusts.

§ 868. Powers over trust of party interested [repealed].

§ 869. Effect of omitting trust in conveyance.

§ 870. Certain sales, etc., by trustees, void.

§ 871. When estate of trustee to cease.

§847. WHAT USES AND TRUSTS MAY EXIST. Uses
and trusts in relation to real property are those onlj'^ which
are specified in this title.

History: .Enacted March 21, 1872. See history to § 857 post.

See Kerr's Cyc. C. C. for 46 pars, annotation.

58 C. 457, 478, 481 (construed and applied in connection with
§857); 80 C. 237, 242, 22 P. 167, 169 (applied); 107 C. 587, 595,
40 P. 810 (applied in connection with other sections) ; 116 C.
405, 409, 48 P. 622 (construed with § 857 — express trust can-
not be created to sell realty for benefit of legatees); 124 C. 418,

542



Tit. IV.] USES AND TRUSTS. § §47

421, 57 P. 219 (applied); 132 C. 523, 527, 551, 557, 84 A. S. 70, 60 P.
442, 64 P. 1000 (construed and applied in connection with
§857); 139 C. 682, 684, 73 P. 604, 606 (applied in connection with
§857); 140 C. 48, 51, 73 P. 748 (construed and applied In con-
nection with §857); 3 C. A. 741, 747, 86 P. 1108 (referred to —
competency of Masonic lodge to accept trust imposed upon it
by terms of decree of distribution); 11 F. 253, 261 (applied with
other sections to conveyance in trust to secure railway mort-
gage bonds).

USES AND TRUSTS.

As to certainty of charitable trusts, necessity, see 64 A. S.
756, 762; 4 L. 699.

As to charitable trusts in general, see 4 L. 699; brief and note
6 L. 511.

As to charitable uses and trusts, see Kerr's Cyc. C. C. § 711
and note part III.

As to definition of passive and special trusts, see 98 A. D. 355;
6 W. & P. 5227; 7 W. & P. 6594.

As to evidence to establish trust, see 6 L. 47.

As to necessity of writing to create a charitable trust, see
Kerr's Cyc. C. C. § 852 and note.

As to restraints upon alienation, see Kerr's Cyc. C. C.
§§ 715-718 and notes; also ante § 715 and note.

As to restrictions on power to devise to charitable institu-
tions, see Kerr's Cyc. C. C. § 1313 and note.

As to secret trusts for charity, see 20 L. 465-477.

Ae to secret trusts to use of masses. — See 25 L. 360; 40 L.
717-722.

As to simple effect of a trust, see 98 A. D. 356.

As to trusts for religious purposes, see 65 A. S. 118, 121; 3
L. 145, 149; 5 L. 104-109.

As to trusts for the accumulation of income, see Kerr's Cyc.
C. C. §§ 722-726 and notes; also § 722 ante.

As to trusts under will, see 2 Church's New Probate Law and
Practice 1427, 1433.

As to validity of bequests for superstitious or religious
uses, see 39 A. R. 738-750.

Same — Validity of trust to propagate a particular religious
belief, see 6 L. N. S. 320-323.

As to what are public charities, see 1 L. 417; 3 L. 145; 5 L.
33; 5 L. 104; 6 L. 84; 12 L. 414; 6 W. & P. 5778-5780.

As to when devises and bequests for charity are valid or void
for uncertainty, see 1 A. S. 415; 4 L. 699.

Accounting of trustees under will and distribution of prop-
erty.— See 8 A. C. 1176; 7 L. 570; 27 L. 821; 2 Church's New
Probate Law and Practice 1433-1454; 2 Obiter Dig. 886.

Applicability of rule in Shelley's Case to executory trusts. —
See 2 L. 458. '

543



§ 847 CIVIL CODE. [Div.II.Pt.II.

Care-taker of trustee to sell real estate. — See 3 L. N. S. 415.

Chang-e of trustees. — See 2 Obiter Dig. 888.

Classification of trusts. — See 100 A. S. 586; 8 L. 647; 8 W.

6 P. 7121.

Constructive trust in deed of homestead by husband to wife,
with proviso attempting to derogate from her right of survivor-
ship. — See 1 L. N. S. 312.

Conveyance by trustee and its effect. — See 64 A. D. 199.

Corporation as trustee. — See 11 L. 715.

Creation of trust by use of words "upon condition" in will
or conveyance of real property. — See 9 L. N. S. 758.

Dealing with trust or cestui que trust — Right and liabilities
of trustee.— See 5 L. 166; 6 L. 369; 9 L. 792; 13 L. 491; 37 L. 613.

Debt distinguished. — See 2 W. & P. 1885.

Definition of trust. — See 2 Obiter Dig. 879, 8 W. & P. 7019.

Discretion of trustee, control of by courts of equity. — See 6
A. S. 885.

Distinction between executory and executed trusts. — See 2
Obiter Dig. 879, 880.

Duty — Of purchaser from life tenant, trustee, or other donee
of power to sell, to see to application of purchase money. — See
4 A. C. 376.

Same — Of trustee. — See 8 A. C. 1176.

Effect — Of investment by husband in his own name of wife's
separate property in real estate, to create a trust in her favor. —
See 6 L. N. S. 381.

Same — Effect of statute of limitations on sucli trust. — See 12
L. N. S. 493.

Same — Of notice to trustees in trust deeds of fraudulent intent
of grantor. — See 31 L. 642.

Same — Of specifying use of real estate in devising to religious
society, as creating a trust. — See 1 L. N. S. 512; 1 L. N. S. 520;

7 L. N. S. 1119.

Same — Upon trust of death of donor without exercising power
of revocation. — See 6 A. C. 189.

Embracing share of heir, devisee or legatee with constructive
trust cause of is a fraud in frustrating decedent's intention to
give the property to a third person. — See 8 L. N. S. 628.

Enjoining unlawful share of church property by trustee. — See
2 L,. N. S. 828; 3 L. N. S. 860.

Equitable — Control by court of discretion vested in trustee. —
See 8 L. N. S. 398.

Same — Enforcement of, as affected by statute of frauds. —
See 5 L. N. S. 112.

Essentials of trusts. — See 31 A. S. 637; 15 L. 470; 8 W. &
P. 7121.

Establishment of stale interests. — See 2 Obiter Dig. 888.

544



Tit. IV.] USES AND TRUSTS. § 847

Executory trusts, applicability of rule in Shelley's Case to. —
See 2 L. 458.

Failure — For want of trustee. — See 2 Obiter Dig-. 882.

Same — Of object of purposes of.- — See 2 Obiter Dig-. 882.

Fiduciary relation of trxistee and beneficiary. — See 16 A. D. 616.

Foreig-n— .Corporation as trustee. — See 24 L. 291.

Same — Security company, power to act as trustee. — See 48 L.
593.

Implied constructive and resulting- trusts — As to, see 2 L.
146; 5 L. 189; 10 L. 401; 20 L. 109; 27 L. 468; 58 L. 115.

Injunction against execution sale of trust property. — See 31
L. 119.

Insurable interest of husband, as trustee, in wife's property. —
See 66 L. 659.

Intention to create a trust necessary. — See 15 A. S. 351.

Judgment against trustees, conclusiveness of upon benefi-
ciaries. — See 34 A. D. 722; 73 A. S. 164.

Jurisdiction and province of equity over. — See 2 Obiter Dig.
887.

Laches as a bar to enforcement of trust as against one who
knowingly purchased trust property in violation of the terms
of an express trust. — See 7 L. N. S. 370.

Legal right and use in same party, effect of. — See 2 Obiter
Dig. 879.

Liability- — 'Of beneficial interest to creditors. — See 1 Obiter Dig.
881.

Same — Of one co-trustee for the acts and defaults of another.
—See 42 A. D. 288.

Same — Of trustee. — See 2 Obiter Dig. 886.

Liens against trust estate in favor of creditors or trustees. —
See 19 A. S. 67.

Majority of trustees may act when. — See 11 A. D. 674.

Necessity of beneficiary's knowledge of trust. — See 10 L. N.
S. 616.

No particular form of words necessary to create. — 'See 2
Obiter Dig. 879.

Parol — Creation of trust in land. — See 115 A. S. 775.

Same — Trust, how far within statute of frauds. — See 10 L. 401.

Particular words unnecessary to create trust. — See 1 A. R.
34; 8 W. ■& P. 7122.

Party dealing with trustee, duty of. — -See 2 Obiter Dig 885.

Power distinguished. — See 8 W. & P. 2123.

Power of court — To change number of trustees designated in
trust instrument. — See 1 L. N. S. 802.

Same — To increase or diminish number of trustees appointed
by grantor of trusts. — See 6 A. C. 598.

Same — To remove trustee who becomes unsuitable for execu-
tion of trust. — See 6 A. C. 596.

Kerr's C. C. — 18 545



§ 847 CIVIL CODE. [Div.II.Pt.II.

Power of corporation to act as trustee of charitable trust. —
See 8 A. C. 1181.

Power of married woman to act as trustee of express trust. —
See 7 A. C. 1082.

Power of trustees of. — See 2 Obiter Dig. 882-884.

Same — An express trust to sue without joining beneficiaries —
Scope of statutory provisions as to. — See 6 L. N. S. 275.

Same — To convey trust property without consent of



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