Involuntary trustee, defined: Ante, §§ 2217, 2223, 2224. N. Y. Civ. Code, § 1207. Enacted March 21, 1872; based on Field's Draft. § 2279. Trust, how extinguished. A trust is extinguished by the entire fulfillment of its object, or by such object becoming impossible or unlawful. Extinguishment of trust: See ante, § 871. Legislation § 2279. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1208. $2280. Not revocable. A trust cannot be revoked by the trustor after its acceptance, actual or presumed, by the trustee and beneficiaries, except by the consent of all the beneficiaries, unless the declaration of trust reserves a power of revocation to the trustor, and in that case the power must be strictly pursued. Legislation § 2280. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1209. § 2281. Trustee's office, how vacated. The office of a trustee is vacated: 1. By his death; or, 2. By his discharge. Legislation § 2281. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1210. § 2282. Trustee, how discharged. A trustee can be discharged from his trust only as follows: 1. By the extinction of the trust; 2. By the completion of his duties under the trust; 3. By such means as may be prescribed by the declaration of trust: 4. By the consent of the beneficiary, if he have capacity to contract; 5. By the judgment of a competent tribunal, in a direct proceeding for that purpose, that he is of unsound mind; or, 6. By the superior court. [Amendment approved 1883; Stats. 1883, p. 3.] Legislation § 2282. 1. Enacted March 21, 1872 (based on Field's Draft, N. Y. Civ. Code, § 1211), then having, (1) in subd. 4, "had capa city," instead of "have capacity," and (2) in subd. 6, "district court" instead of "superior court." 2. Amended by Stats. 1883, p. 3. § 2283. Removal by superior court. The superior court. may remove any trustee who has violated or is unfit to execute the trust, or may accept the resignation of a trustee. [Amendment approved 1880; Code Amdts. 1880, p. 8.] Legislation § 2283. 1. Enacted March 21, 1872 (based on Field's Draft, N. Y. Civ. Code, § 1212), and then had the words "district court" instead of "superior court." 2. Amended by Code Amdts. 1880, p. 8. ARTICLE VI. Succession or Appointment of New Trustees. § 2287. Appointment of trustee by court to fill vacancy. § 2288. Survivorship between co-trustees. $2289. Superior court as trustee. § 2287. Appointment of trustee by court to fill vacancy. The superior court must appoint a trustee whenever there is a vacancy, and the declaration of trust does not provide a practical method of appointment. In all cases of appointment of any trustee or trustees by any court, if the cestui que trustent, or any one of them are of the age of fourteen years, they, or the one or more of them of the age of fourteen years, may make nomination, to the court, and unless such nominee or nominees are incompetent, upon one or more of the grounds of incompetency specified in section 1350 of the Code of Civil Procedure of California, to discharge the duties of trustee, the court must appoint such nominee, or nominees, as trustee, or trustees as the case may be. [Amendment approved 1913; Stats. 1913, p. 395.] Legislation § 2287. 1. Enacted March 21, 1872 (based on Field's Draft, N. Y. Civ. Code, § 1213), and then had the words "district court" instead of "superior court." 2. Amended by Code Amdts. 1880, p. 8, to read: "The superior court may appoint a trustee whenever there is a vacancy, and the declaration of trust does not provide a practicable method of appointment." 3. Amended by Stats. 1911, p. 79, to read: "The superior court may appoint a trustee whenever there is a vacancy and the declaration of trust does not provide a practicable method of appointment. If the cestui que trust is of the age of fourteen years, he may nominate such trustee, and if such nominee is found competent to discharge the duties of trustee, he is entitled to be appointed such trustee in preference to any other person." 4. Amended by Stats. 1913, p. 395. § 2288. Survivorship between co-trustees. On the death, renunciation, or discharge of one of several co-trustees the trust survives to the others. This section consistent with § 860, ante. See, also, ante, § 2268 Legislation § 2288. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1214. § 2289. Superior court as trustee. When a trust exists without any appointed trustee, or where all the trustees renounce, die, or are discharged, the superior court of the county where the trust property, or some portion thereof, is situated, must appoint another trustee, and direct the execu tion of the trust. The court may, in its discretion, appoint the original number, or any less number of trustees. [Amendment approved 1880; Code Amdts. 1880, p. 8.] Legislation § 2289. 1. Enacted March 21, 1872 (based on Field's Draft, N. Y. Civ. Code, § 1215; Stats. 1867-68, p. 170), and then had the words "district court" instead of "superior court." 2. Amended by Code Amdts. 1880, p. 8. TITLE IX. Chapter I. Agency in General. Articles I-VI. §§ 2295-2356. CHAPTER I. Agency in General. Article I. Definition of Agency. III. Mutual Obligations §§ 2330-2339. §§ 2295-2300. §§ 2304-2326. of Principals and Third Persons. IV. Obligations of Agents to Third Persons. §§ 2342-2345. VI. Termination of Agency. §§ 2355, 2356. § 2295. Agency, what. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency. Master and servant: See ante, §§ 2009 et seq. Factors: See ante, §§ 2026 et seq. Agents: See ante, §§ 2019-2022. Legislation § 2295. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1216. § 2296. Who may appoint, and who may be an agent. Any person having capacity to contract may appoint an agent, and any person may be an agent. Legislation § 2296. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1217. § 2297. Agents, general or special. An agent for a particular act or transaction is called a special agent. All others are general agents. Legislation § 2297. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1218. § 2298. Agency, actual or ostensible. An agency is either actual or ostensible. Actual agent's authority: Post, §§ 2315, 2316, 2318, 2319. Ostensible agent's authority: Post, §§ 2315, 2317-2319, 2334. Legislation § 2298. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1219. § 2299. Actual agency. An agency is actual when the agent is really employed by the principal. Legislation § 2299. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1220. § 2300. Ostensible agency. An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him. Compare post, § 2317. Legislation § 2300. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. 'Code, § 1221. ARTICLE II. Authority of Agents. $2304. What authority may be conferred. $2305. Agent may perform acts required of principal by code. § 2306. Agent cannot have authority to defraud principal. Creation of agency. § 2307. § 2310. Ratification of agent's act. $2311. Ratification of part of a transaction. 2312. When ratification void. 2313. Ratification not to work injury to third persons. $2314. Rescission of ratification. § 2315. Measure of agent's authority. § 2316. Actual authority, what. $2317. Ostensible authority, what. $2318. Agent's authority as to persons having notice of restrictions upon it. $2319. Agent's necessary authority. $2320. Agent's power to disobey instructions. $2321. Authority to be construed by its specific, rather than by its gen eral terms. § 2322. Exceptions to general authority. § 2323. § 2324. What included in authority to sell personal property. What included in authority to sell real property. Authority of general agent to receive price of property. § 2326. Authority of special agent to receive price. § 2325. § 2304. What authority may be conferred. An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention. Delegation of authority by agent: Post, §§ 2349-2351. Legislation § 2304. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1222. § 2305. Agent may perform acts required of principal by code. Every act which, according to this code, may be done by or to any person, may be done by or to the agent of such person for that purpose, unless a contrary intention clearly appears. Legislation § 2305. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1223. § 2306. Agent cannot have authority to defraud principal. An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals, to be a fraud upon the principal. Legislation § 2306. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1224. $ 2307. Creation of agency. An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification. Legislation § 2307. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1225. $2308. Consideration unnecessary. A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal. Legislation § 2308. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1226. § 2309. Form of authority. An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing. Statute of frauds: Ante, § 1624. Power of attorney to execute mortgage: See post, § 2933. Legislation § 2309. Enacted March 21, 1872; based on Field's Draft, N. Y. Civ. Code, § 1227. |