William Burnham Woods

“ The appellant next contends that he is entitled, under the terms of the trust, to hold on to the stock which he received as a consideration for the conveyance of the trust property, until there has been an accounting, and the expenses and counsel fees have been paid. But by his answer he denies the trust; he claims to hold the stock for himself alone; he wants no accounting, and does not offer to account, or to hand over any net proceeds of the property after an accounting. ”

“ No trustee can be more unsuitable than one who not only refuses to act, but denies the trust. When, therefore, appellant denied that he held in trust the stock claimed by the appellee, the latter, having established the trust, was entitled to have, if he demanded it, a new trustee appointed ”

“ The appellant contends that the declaration of trust was put in the hands of Wilson as an escrow, to be delivered to Sinton only, in case the appellant died on his proposed journey, and to be redelivered to the appellant in case he returned to California, and that as he did return, the declaration of trust became ineffectual to bind him. This contention amounts to this: that by accepting the declaration of trust upon the terms alleged by the appellant, Sinton agreed that if the appellant returned from his trip to the eastern states he would give up all claim to his share of the property. ”