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DAVENPORT v. DAVENPORT FOUNDATION

Docket No. L.A. 21005.

36 Cal.2d 67 (1950)

222 P.2d 11

RALPH M. DAVENPORT, as Administrator, etc., et al., Appellants, v. THE DAVENPORT FOUNDATION (a Corporation) et al., Respondents.

Supreme Court of California. In Bank.

September 19, 1950.

Attorney(s) appearing for the Case

R.R. Colby and Joseph D. Taylor for Appellants.

Allard, Brownsberger, Shelton & O'Connor, Joseph A. Allard, Jr., L.A. Shelton, Brady & Nossaman and Walter L. Nossaman for Respondents.

TRAYNOR, J.

On May 23, 1939, Levi M. Davenport, then 78 years of age, conveyed certain property to La Verne College, a corporation, as trustee. The trustee was given only ministerial duties. The management of the trust, to be known as the "Davenport Foundation," was committed to a board of directors of five named persons who were to constitute the board of trustees of the Foundation. The trust provided:

"RESERVES

"Before distribution is made of any...

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