Pioneer National Trust Co. v. Pioneer National Trust Co.

OPINION

HOWARD, Chief Judge.

This appeal concerns the right of a vendee to a partial release of certain lots upon payment of the release price. There is also a cross-appeal which challenges the appellant’s capacity to sue and contends the proceedings below were a nullity due to the failure to join the beneficiaries of the trust as indispensable parties.

In this opinion we shall designate the parties as follows: Appellant is Trustee No. 48; appellee Pioneer National Trust Company of Arizona, as Trustee under Trust No. 1-359, is Trustee No. 59, and Pioneer National Trust Company of Arizona, as…