Kennedy v. Nunan
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. On the 5th day of October, 1869, Thomas O. Larkin, who was the owner of a lot at the southerly corner of Mission and Fremont Streets, City and County of San Francisco, executed to Frank Kennedy a deed of the same to hold it in trust, to receive the rents and profits of the same, and to pay his daughter, Adeline Minnie Larkin, fifty dollars per month out of the same, during her…
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. On the 5th day of October, 1869, Thomas O. Larkin, who was the owner of a lot at the southerly corner of Mission and Fremont Streets, City and County of San Francisco, executed to Frank Kennedy a deed of the same to hold it in trust, to receive the rents and profits of the same, and to pay his daughter, Adeline Minnie Larkin, fifty dollars per month out of the same, during her natural life, and providing that should the daughter die before the trustor did, then the amount settled on her should vest…
1Opinion of the Court
A trust to receive the rents and profits of lands and pay them over was a familiar trust at common law, (36 lien. Vil!, 1 Cr. Dig. Tit. 12, chap. 1, sec. 12) and gave the cestui que trust an equitable estate in the lands. (4 Kent, margin, p. 310, note 5/1 Cr. Dig. Tit. 12, chap. 2: Story Eq. Jur. secs. 974, 974a, 975; Perry on Trusts, sec. 357, et seq.') And such equitable estate was subject to most of the incidents of a legal estate. In particular, it was descendable, devisable, and alienable.
Under our practice any interest in lands, legal or equitable, of the execution debtor may be sold on…
2Cases cited7 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- McIlvaine v. SmithSupreme Court of Missouri · 1867
- Bryan v. KnickerbackerNew York Court of Chancery · 1846
- In re Estate of DelaneyCalifornia Supreme Court · 1874
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
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3Cited by11 opinions
- Jourolmon v. MassengillTennessee Supreme Court · 1887
- Janes v. ThrockmortonCalifornia Supreme Court · 1881
- Judson v. LyfordCalifornia Supreme Court · 1890
- King v. GotzCalifornia Supreme Court · 1886
- Fish v. FowlieCalifornia Supreme Court · 1881
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