(Download) "Melville v. Weybrew" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Melville v. Weybrew
- Author : Colorado Supreme Court
- Release Date : January 08, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
We do not believe the provision in the eighth paragraph of the declaration of trust to the effect that the holder of a certificate of beneficial interest shall not have a right "to call for a partition or division of any account thereof in the courts, or to any right to institute a court proceeding of any nature whatsoever, except, at the expiration of the term of this trust, * * *," bars the plaintiffs from prosecuting either the principal or ancillary proceeding before us. It may be questioned, whether the restrictive provision quoted continued beyond the original five-year term fixed by the declaration of trust, but in any event, especially after the expiration of such period, it would seem certain that a beneficiary is not thereby precluded from asserting in court that the trust has expired and securing a judicial determination of this question. Obviously, if it is determined that the trust has not terminated, the restriction would be operative to the extent therein provided.
 "Melville v. Weybrew" by Colorado Supreme Court # Book PDF Kindle ePub Free){kind=link}