 A trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events, and for the value of its use.  American Law Reports Annotated - Page 5971926Full view - About this book
 | California - Civil law - 1876 - 612 pages
...consideration, and under undue influence. § 2236. A trnstee who wilfully and unnecessarily mingles the trnst property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events. erty, contrary to section 2229, may, at the option of the beneficiary,... | |
 | James Barr Ames - Trusts and trustees - 1893 - 548 pages
...of the authorities cited." — ED. " Sec. 2236. A trustee who wilfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety at all events." We do not think this section was intended to change the rule... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1899 - 996 pages
...section 2236 of the Civil Code, which provides: "A trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events." Citing, also, In re Arguello, 97 Cal. 196. It was distinctly... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 820 pages
...of the Civil Code, which provides that "a trustee who willfully and unnecessarily mingles the tnist property with his own. so as to constitute himself in appearance its absolute owner, is liable for its safety in all events" ; but that section is in accord with the general rule, and... | |
 | California - Law reports, digests, etc - 1907 - 1146 pages
...Civil Code, section 2236, which provides that "atrustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events." Arguello's Estate, In re, 97 Cal. 190, 31 Pac. 937. [b] Where... | |
 | William Smithers Church - Probate law and practice - 1909 - 1172 pages
...564; 65 Pac. Rep. 499, 500. A guardian, who wilfully and unnecessarily mingles the funds of his ward with his own, so as to constitute himself, in appearance, its absolute owner, is liable for its safety in all events; and this rule applies where a guardian lends the funds of his... | |
 | Thaddeus Davis Kenneson - Trusts and trustees - 1911 - 648 pages
...bank, he will not be held liable for the loss, unless he has wilfully and unnecessarily mingled the trust property with his own, so as to constitute himself in appearance its absolute owner; and hence, that, under the facts found in this case, the order of the court was erroneous, and should... | |
 | Law reports, digests, etc - 1913 - 1330 pages
...bank, he will not be held liable for the loss unless he has wilfully and unnecessarily mingled the c C 7 "V s * r s 9Iͤ J GTyu 9 n% t ^B & s nce A & absolute owner; and that the fact of a mere deposit in his own name was not sufficient for this purpose,... | |
 | Eugene Allen Gilmore, William Charles Wermuth - Law - 1914 - 888 pages
...The section • referred to reads as follows: "A trustee who wilfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events." We do not think this section was intended to change the rule... | |
 | Austin Wakeman Scott - Trusts and trustees - 1919 - 858 pages
...referred to reads as follows : — "Sec. 2236. A trustee who wilfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events." We do not think this section was intended to change the rule... | |
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