Moore v. Isbel
Supreme Court of Iowa
Appeal from Woodbury District Court. ActioN in chancery to set aside the title of defendants to certain lots in Sioux City, based upon a sale and conveyance under a trust deed executed by Marshall F. Moore, the ancestor of plaintiffs, who are minors. A defendant, who claims part of the property conveyed by the deed of trust,,under a deed by the grantor thereof, unites in the averments of the petition and in its claim for relief.
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Appeal from Woodbury District Court. ActioN in chancery to set aside the title of defendants to certain lots in Sioux City, based upon a sale and conveyance under a trust deed executed by Marshall F. Moore, the ancestor of plaintiffs, who are minors. A defendant, who claims part of the property conveyed by the deed of trust,,under a deed by the grantor thereof, unites in the averments of the petition and in its claim for relief. Plaintiffs’ case is presented in an amended petition and the substance of its aver-ments is set out by their counsel in the following language: “That on the 6th day…
1Opinion of the CourtBeck, J.
I. It is a familiar doctrine that the grantor of a trust estate may provide, in the instrument creating it, for the succession of trustees, or the transfer of powers conferred from persons or classes of persons named to execute the trust, 1. trust change of trustee: sale. to others designated to supercede or succeed them, “The person who' creates the trust may mould it wPafceyej. form he pleases; he may therefore determine in what manner, in what event, and upon what condition the original trustee may retire and new trustees be substituted.” Perry on Trusts, § 287; Hill on Trustees, p. 176.…
2Cases cited1 opinion
- State v. MoffittSupreme Court of Iowa · 1871
3Cited by2 opinions
- King v. SmithCourt of Appeals for the Ninth Circuit · 1918
- Cunningham v. DixonSuperior Court of Delaware · 1893