Mutual Building & Loan Ass'n v. Wiborg

59 Cal. App. 2d 325 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that the superior court lacked jurisdiction to appoint a substitute trustee under a deed of trust where a corporate trustee had merged with another corporation, as the successor entity automatically assumed the trusteeship by operation of law, and the trust instrument's provision for joint appointment by the trustor and beneficiary did not create a vacancy upon their failure to agree.

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