West v. Union Naval Stores Co.

The only point raised in the suggestion of error not expressly dealt with in the opinion is the validity of the appointment of a substituted trustee by R. W. Fagan & Co. The terms of the deed of trust provided:

“If the trustee or any substituted trustee shall die or move from the state or county, or for any cause fail or refuse or become unwilling to execute this trust, *155then the beneficiary herein named, or his successor or assigns, or their legal representatives, may appoint another trustee, whose powers and duties shall be the same -as the trustee herein named. ’ ’

The original trustee…