Kinzer v. Bidwill

The trial court here did three things:(1) Held the land trust to be void, finding it to be a passive trust;(2) Found the parties to the trust to be tenants in common, each entitled to bring suit for partition;(3) Held the trust, while void, to be a valid agreement, and reformed such agreement to prohibit development of the back property until 1980.

Appellant challenges the trial court’s reforming the agreement of the parties to create an equitable servitude banning development of the back property until 1980.

Respondents contend that the trial court should have further reformed the agreement of…