Ritchie v. Trumbull

<p>Parties — Plaintiffs —■ Trustee of Express Trust — Quieting Title. A trustee of an express trust may maintain an action to quiet 'title in Ms own name without joining the cestui que trust.</p> <p>Quieting Title — Parties—Trustee of Express Trust — Identity of Cestue Que Trust. In an action to quiet title, brought by a trustee of an express trust against parties claiming through his grantor, the identity of the cestuis que trustent is immaterial, as long as the grantor was not the beneficiary of the trust.</p> <p>Courts — Probate Courts — Jurisdiction—Estate Held in Trust— Conveyances. The probate court has jurisdiction to authorize the administratrix to convey property held in trust by the decedent, title to which was disclaimed by the estate.</p> <p>Corporations — Contracts—Representation—Conveyance to Officers — Title. Where an insolvent railroad company conveyed tide lands, held under contract of purchase from the state, to its trustees, under an agreement that they should pay the installments falling due, which the company could not pay, and should hold the land, unless the company repurchased the same within three years, which it failed to do, the title vested in the trustees, as against one succeeding to all the other interests of the company with full notice of the prior conveyance.</p> <p>Chadwick, J., dissents.</p>