First Presbyterian Church v. Rabbitt

MATHEWS, Circuit Judge.

Appellee, M. L. Rabbitt, as trustee in bankruptcy of James Marwick, brought a plenary action against appellant, the First Presbyterian Church of Santa Barbara, California, to avoid a deed whereby Mar-wick had transferred certain real property to appellant, and to recover the property. Appellant answered, 1 trial was had, findings of fact and conclusions of law were made and filed, and judgment was entered in appellee’s favor. Appellant seeks reversal.

On November 28, 1927, Marwick executed a declaration of trust the pertinent portions of which are as- follows:

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