Madden v. Glathart

The opinion of the court was delivered by

Hopkins, J.:

The action was one to determine property rights under a trust deed, and for the appointment of a new trustee to act in place of one who, it was alleged, refused to act.

It was alleged in the petition, among other things:

“That on or about the 20th day of March, 1921, one Edward F. Madden, sr., executed and delivered his certain trust deed to the plaintiffs and the defendant, Molly Glathart, as trustees for the plaintiffs and all of the defendants hereto, by the terms of which, the said Madden conveyed to said trustees certain real estate in…