§ 2279. Trust, how extinguished. A trust is extinguished by the entire fulfillment of its object, or by such object becoming impossible or unlawful. En. March 21, 1872. Cal.Rep.Cit. 70, 331; 73, 20; 84, 297; 113, 142; 124, 420. § 2280. Not revocable. A trust cannot be revoked by the trustor after its acceptance, actual or presumed, by the trustee and beneficiaries, except by the consent of all the beneficiaries, unless the declaration of trust reserves a power of revocation to the trustor, and in that case the power must be strictly pursued. En. March 21, 1872. Cal.Rep.Cit. 70, 453; 109, 331; 113, 142; 122, 26; 128, 9. § 2281. Trustee's office, how vacated. The office of a trustee is vacated: 1. By his death; or, 2. By his discharge. § 2282. En. March 21, 1872. Trustee, how discharged. A trustee can be dis charged from his trust only as follows: 1. By the extinction of the trust; 2. By the completion of his duties under the trust; 3. By such means as may be prescribed by the declaration of trust; 4. By the consent of the beneficiary, if he had capacity to contract; 5. By the judgment of a competent tribunal, in a direct proceeding for that purpose, that he is of unsound mind; or, 6. By the superior court. En. March 21, 1872. Am'd. 1883, 3. Cal.Rep.Cit. 73, 20; 132, 542. § 2283. Removal by superior court. The superior court may remove any trustee who has violated or is unfit to execute the trust, or may accept the resignation of a trustee. En. March 21, 1872. Am'd. 1880, 8. § 2287. Vacant trusteeship filled by court. The superior court may appoint a trustee whenever there is a vacancy, and the declaration of trust does not provide a practicable method of appointment. En. March 21, 1872. Am'd. 1880, 8. Cal.Rep.Cit. 70, 333; 91, 193. § 2288. Survivorship between co-trustees. On the death, renunciation, or discharge of one of several co-trustees, the trust survives to the others. En. March 21, 1872. Cal.Rep.Cit. 70, 333. This section is consistent with section 860; see, also, ante, sec. 2268. Survival of guardianship: See ante, sec. 252. § 2289. Superior court as trustee. When a trust exists without any appointed trustee, or where all the trustees renounce, die, or are discharged, the superior court of the county where the trust property, or some portion thereof, is situated must appoint another trustee, and direct the execution of the trust. The court may, in its discretion, appoint the original number, or any less number of trustees. En. March 21, 1872. Am'd. 1880, 8. Cal.Rep.Cit. 133, 649. 70, 333; 101, 149; 111, 636; 115, 251; 123, 352; TITLE IX. AGENCY. Chapter I. Agency in General, §§ 2295-2356. II. CHAPTER I. Article I. II. III. IV. V. VI. Definition of Agency, §§ 2295-2300. Mutual Obligations of Principals and Third Persons, Obligations of Agents to Third Persons, §§ 2342-2345. Termination of Agency, §§ 2355, 2356. ARTICLE I. DEFINITION OF AGENCY. $ 2295. Agency, what. Who may appoint, and who may be an agent. Agency, actual or ostensible. Actual agency. Ostensible agency. Agency, what. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency. En. March 21, 1872. Cal.Rep. Cit. 66, 461; 75, 128; 82, 81; 123, 302; 131, 325. Agents: See ante, secs. 2019-2022. § 2296. Who may appoint, and who may be an agent. Any person having capacity to contract may appoint an agent, and any person may be an agent. 1875. En. March 21, § 2297. Agents, general or special. An agent for a par ticular act or transaction is called a special agent. All hers are general agents. En. March 21, 1872. Rep.Cit. 82, 4; 123, 302; 124, 685; 131, 325. $2298. Agency, actual or ostensible. An agency is either actual or ostensible. En. March 21, 1872. Actual agent's authority: Post, secs. 2315, 2316, 2318, 2319. Ostensible agent's authority: Post, secs. 2315, 2317-2319, 2334. § 2299. Actual agency. An agency is actual when the agent is really employed by the principal. En. March 21, 1872. Cal.Rep.Cit. 93, 30. $2300. Ostensible agency. An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him. En. March 21, 1872. Cal Rep.Cit. 82, 81; 89, 634; 113, 679; 117, 421; 124, 227; 130, 269; 137, 100. Compare, post, sec. 2317. ARTICLE II. AUTHORITY OF AGENTS. $2304. What authority may be conferred. $2305. Agent may perform acts required of principal by code. $2308. Creation of agency. Consideration unnecessary. $2309. Form of authority. 2310. Ratification of agent's act. $2311. Ratification of part of a transaction. 2312. When ratification void. 2313. Ratification not to work injury to third persons. 2314. Rescission of ratification. 2315. Measure of agent's authority. 2316. Actual authority, what. 2317. Ostensible authority, what. 2318. Agent's authority as to persons having notice of restric tions upon it. 2319. Agent's necessary authority. 2320. Agent's power to disobey instructions. 2321. Authority to be construed by its specific rather than by its general terms. 2322. Exceptions to general authority. 2323. What included in authority to sell personal property. 2324. What included in authority to sell real property. 2325. Authority of general agent to receive price of property. 2326. Authority of special agent to receive price. $2304. What authority may be conferred. An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention. En. March 21, 1872. Cal.Rep.Cit. 74, 589. Delegation of authority by agent: Secs. 2349-2351. § 2305. Agent may perform acts required of principal by code. Every act which, according to this code, may be done by or to any person, may be done by or to the agent of such person for that purpose, unless a contrary intention clearly appears. En. March 21, 1872. Cal. Rep. Cit. 74, 589. § 2306. Agent cannot have authority to defraud principal. An agent can never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals to be, a fraud upon the principal. En. March 21, 1872. Cal. Rep.Cit 87, 262. § 2307. Creation of agency. An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification. En. March 21, 1872. Cal.Rep. Cit. 89, 243; 119, 650; 124, 685; 130, 434; 132, 98. § 2308. Consideration unnecessary. A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal. En. March 21, 1872. § 2309. Form of authority. An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing. En. March 21, 1872. Cal. Rep. Cit. 78, 632; 81, 541; 94, 549; 113, 227; 113, 229. Statute of frauds: Ante, sec. 1624. Power of attorney to execute mortgage: See post, sec. 2933. § 2310. Ratification of agent's act. A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof. En. March 21, 1872. Cal.Rep.Cit. 63, 142; 82, 6; 94, 549; 106, 600; 109, 40; 113, 227; 113, 230; 113, 231; 114, 461; 119, 650; 127, 271; 130, 416; 130, 434. |