- 8 - because a mere contract to convey property is not a trust. Reagh v. Kelley, 89 Cal. Rptr. 425, 532 (Ct. App. 1970); Huebener v. Chinn, 207 P.2d 1136, 1143 (Or. 1949); Restatement, Trusts 2d, sec. 13 (1959). But we do not think that this case can be disposed of by such a separation of the two phases of the transactions involved herein. The two phases, which occurred on the same day,5 are inextricably intertwined and indeed the overall thrust of petitioners' argument is founded on this element. Security-First Natl. Bank v. Wright, 119 P.2d 25, 28 (Cal. Dist. Ct. App. 1941); see also Reagh v. Kelley, supra. Reading the trust document and purchase agreement together, the trust does not fail for lack of certainty as to the trust property. See Reiss v. Reiss, 114 P.2d 718, 722 (Cal. Dist. Ct. App. 1941). Thus, we find inapposite those cases cited by petitioners that hold there is no trust in the absence of certain identifiable property. See In re Ralston's Estate, 37 P.2d 76 (Cal. 1934) (trust failed for lack of sufficient certainty as to the beneficiaries); Lefrooth v. Prentice, 259 P. 947, 952 (Cal. 1927) (trust failed for lack of delivery of trust property); Balian v. Balian's Market, 119 P.2d 426, 429 (Cal. Dist. Ct. App. 5 There is no evidence to show the order of execution, but we are satisfied that, under the circumstances herein, such evidence would not be relevant.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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