[Download] "Mccarthy v. Poulsen" by Third Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Mccarthy v. Poulsen
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 01, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[173 CalApp3d Page 1214] This trust case poses the perplexing question of what the superior court should do when no one will consent to act as trustee of a charitable trust. Appellants Wayne E. and Gladys K. Poulsen established a charitable trust in 1974 to be known as the Poulsen Foundation. Respondent Robert E. McCarthy was named as trustee of the trust and he accepted the duties as trustee. The assets of the trust consisted primarily of land located in the mountainous region of Squaw Valley. A portion of the trust land slid downhill into a residential area in an ominous mudslide in the spring of 1983. The specter of law suits loomed. Shortly thereafter McCarthy decided [173 CalApp3d Page 1215] to resign as trustee, and despite efforts by the parties and the superior court, no one could be found who would consent to become the successor trustee. As a last resort, the trial court entered an order, over appellants' objections, appointing them as trustees, and directing them to execute the terms of the trust. The Poulsens contend that they cannot be compelled against their will to serve as trustees. We agree and shall reverse the order of the trial court and remand for further proceedings.
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