206 Cal. 439, S. F. 12735, Shipley v. Jordan

Docket Nº:S. F. 12735
Citation:206 Cal. 439, 274 P. 745
Opinion Judge:WASTE, Judge
Party Name:LOTTA A. SHIPLEY, Appellant, v. JOHN B. JORDAN et al., Respondents
Attorney:C. F. Lacey for Appellant. J. A. Bardin and J. T. Harrington for Respondents.
Judge Panel:JUDGES: In Bank. Waste, C. J. Richards, J., Shenk, J., Seawell, J., Curtis, J., Preston, J., and Langdon, J., concurred.
Case Date:February 08, 1929
Court:Supreme Court of California
 
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Page 439

206 Cal. 439

274 P. 745

LOTTA A. SHIPLEY, Appellant,

v.

JOHN B. JORDAN et al., Respondents

S. F. No. 12735

Supreme Court of California

February 8, 1929

APPEAL from a judgment of the Superior Court of Monterey County. Fred A. Treat, Judge.

COUNSEL:

C. F. Lacey for Appellant.

J. A. Bardin and J. T. Harrington for Respondents.

JUDGES: In Bank. Waste, C. J. Richards, J., Shenk, J., Seawell, J., Curtis, J., Preston, J., and Langdon, J., concurred.

OPINION

WASTE, Judge

The plaintiff appeals from a judgment refusing to enjoin, temporarily or permanently, the defendants, who are the trustees of Carmel-by-the-Sea, a municipal corporation, and trustees under the will of Ella Reid Harrison, deceased, from an alleged unauthorized expenditure of a $ 20,000 trust fund for the erection of a library building upon property devised to the city for that purpose, [274 P. 746] and to be known as the "Ralph Chandler Harrison Memorial Library." Plaintiff alleges that the city trustees, disregarding the terms of the trust, intend to construct a nonfireproof frame building instead of a "fireproof construction and of Spanish style of architecture."

In their answer the defendants admit that, as trustees under the will of Mrs. Harrison, they intend to expend the sum of $ 20,000 in the construction of "a frame-stucco building, with a tile roof, and of architecture suggestive of the Spanish," but deny that the proposed construction is contrary to the terms upon which the trust fund was bequeathed

Page 440

and distributed. They specifically plead that portion of the decree of distribution in the estate of Mrs. Harrison which distributes to the board of trustees of the city of Carmel-by-the-Sea twenty $ 1,000 bonds, certain real property in that city, a large number of books, etchings, curios and furniture, as follows: "In trust to said Board of Trustees of the City of Carmel-by-the-Sea, and its successors, for the following eleemosynary purposes, namely: to build, construct, equip and maintain a public library building and to conduct and maintain a library service in the City of Carmel-by-the-Sea, with and by the property hereby distributed and the proceeds, issues and profits thereof, for the use, benefit and upon behalf of the people, generally, of the City of Carmel-by-the-Sea, which said public library building shall be known as 'Ralph...

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