successor and substitute him as plaintiff in the action. Tuttle v. Merchants' Nat. Bank, 19 Mont. 11 (47 Pac. Rep. 203). Citing, Gorsuch v. Briscoe, 56 Md. 573; Batesville Institute v. Kauffman, 18 Wall. 151. Where a will devising an absolute estate to a devisee, appoints a trustee for her on account of her being mentally and physically incompetent to manage the estate, upon her becoming competent to manage the same, a court of equity may remove the trustee and turn the estate over to her. Du Relle, J., dissenting. Webster v. Bush, Ky. (39 S. W. Rep. 411; 42 S. W. Rep. 1124). Construing Pa.Act, April 18, 1853 (Pub. Laws, 503), authorizing a court to decree a sale where property is held in trust, and "one or more persons required to consent * ably withhold consent," is held to authorize a decree for a lease by executors holding in trust for a period of fifty years, where it appears that such lease does not contravene any express direction of the testator and is beneficial to those interested in the estate. Sterrett, C. J., and Williams, J., dissenting. In re Freeman's Estate, 181 Pa. St. 405 (37 Atl. Rep. 591; 59 Am. St. Rep. 659). * * unreason Sec. 943. Practice in actions affecting trusts. In an action to enforce an express trust, the trustee is entitled to have all the persons having any possible interest in the estate made parties, including the holders of bonds secured by subsequent trust deed covering a part of the property. Carter v. Uhlein, N. J. Eq. (36 Atl. Rep. 956). Proceedings for the appointment of a successor to a trustee are not binding upon persons having an interest in the trust who are not made parties thereto. Simmons v. McKinlock, 98 Ga. 738 (26 S. E. Rep. 88). In suits respecting trust property brought either by or against a trustee, the trustees and the beneficiaries are necessary parties. Dubs v. Egli, 167 Ill. 514 (47 N. E. Rep. 766). The wife of a grantor in a trust deed, may join with him in an action to compel a trustee to perform his duties, where she has subsequently acquired an interest in the trust estate in her own right. Carter v. Uhlein, N. J. Eq. (36 Atl. Rep. 956). Sec. 944. Powers, duties and liabilities of trustees. Successors to trustees named in a trust deed when lawfully appointed have the same title to the property conveyed and power to execute the trust as the original trustees. Craft v. Indianapolis D. & W. Ry. Co., 166 Ill. 580 (46 N. E. Rep. 1132). Where a deed confers on a trustee a special personal trust, it does not pass to his successor. Simmons v. McKinlock, 98 Ga. 738 (26 S. E. Rep. 88). The trustee of a naked legal trust, cannot compromise or yield a right already accrued to the cestui que trust without his consent. Bizzell v. McKinnon, 121 N. C. 186 (28 S. E. Rep. 271). Where an active, continuing trust was created in reference to a large tract of unproductive land in a city, for the purpose of providing for the support of the beneficiaries, and the instrument gave the trustee express power to change the investment or "to pledge, mortgage, sell or exchange or otherwise dispose of all or any portion of the real estate and personal property as he may deem best," it is held that the trustee had power to borrow money for the improvement of the property and to secure its payment by deed of trust thereon. Bailie v. Carolina Interstate Bldg. & L. Ass'n, 100 Ga. 20 (28 S. E. Rep. 274). Where a trustee sells the lands of his beneficiary and pays the proceeds of the sale over to him, he is not liable to the holder of a recorded judgment, which was a lien upon the beneficiary's equitable estate, and of which he had no actual notice. before he parted with the money. He is not bound to search the records for such judgment. Bartz v. Paff, 95 Wis. 95 (69 N. W. Rep. 297; 37 L. R. A. 848). For an extensive discussion of the powers, duties and liabilities of a trustee in reference to improvements, insurance and repairs, see Stevens v. Melcher, 152 N. Y. 551 (46 N. E. Rep. 965). McClain's Ia. Code, § 3550, construed and applied-duty of trustee appointed by the court to give bond. Sneer v. Stutz, 102 Ia 462 (71 N. W. Rep. 415). Sec. 945. Sale and conveyance by trustee. Where a trustee, with a power of sale, is directed upon the happening of a certain event to "immediately" pay over, "transfer, and convey" the estate to certain beneficiaries, it is held that the use of the word "immediately" does not necessarily terminate the trust upon the happening of the event specified and a sale may be made afterwards. Rhode Island Hosp. Trust Co. v. Harris, 20 R. I. 160 (37 Atl. Rep. 701). Where a grantor's trust deed executed for the benefit of his wife, provided that if she should die before the grantor the land should vest in her surviving children, and, if the grantor dies first, the trust shall cease, it was held that the estate was only for the joint lives of the grantor and the beneficiary, and although the instrument required the trustees to execute such leases, conveyances, contracts and agreements in reference to said premises or any part thereof, as the wife shall in writing request, they cannot convey the fee. Walton v. Follansbee, 165 Ill. 480 (46 N. E. Rep. 459). Where a conveyance of property to a trustee for the sole use of a married woman, empowered him to sell, convey and assign the property for the purpose of reinvestment only on the written request of such married woman and her husband, the trustee to hold on the same trusts the proceeds of the sale or any property purchased therewith, it is held that the power of reinvestment given by the deed once having been exercised, is not exhausted, and can be again exercised, as to the property in which the investment was made. Hayes v. Applegate, Ky. (39 S. W. Rep. 436). Where a trustee makes an unauthorized sale of the trust property to an innocent purchaser, he will be held to account to the cestui que trust for its value; but where such a sale is made to a purchaser with notice of the rights of the cestui que trust, he may elect to proceed against the trustee or such purchaser. The measure of damages for an unauthorized sale of a portion of the trust property is the value of the part sold, unless its sale operates to depreciate the value of the remainder. Silliman v. Gano, 90 Tex. 637 (39 S. W. Rep. 559). A pur Sec. 946. Title of purchaser from trustee. chaser from a trustee takes subject to the limitations upon his power to convey which are disclosed by his recorded title. McDonald v. Quick, 139 Mo. 484 (41 S. W. Rep. 208). If a purchaser have notice of an actual or intended misapproprition of the consideration, and especially if such misappropriation appear upon the face of the deed conveying a trust estate, the purchaser cannot get a good title. But where there is no notice, actual or constructive, of such misappro priation, and the conveyance on its face conforms to the terms of sale contained in the deed creating the trust, the purchaser will get a good title. Harris v. Smith, 98 Tenn. 283 (39 S. W. Rep. 343). Where a grantor conveyed land to a trustee to pay the rents to the grantor's wife during her life, with remainder to her children if the land had not previously been disposed of under a power of sale given in the deed, which authorized the trustee to sell upon request of the wife, it is held that a purchaser from the trustee at a sale regularly made under such power, took the estate free from any trust in favor of the children. Durr v. Wilson, 116 Ala. 125 (22 So. Rep. 536). Under Ky. Stat. 1894, §§ 4707, 4846, a purchaser of trust property is not required to look to the application of the purchase money unless so provided in the instrument. Hays v. Applegate, (39 S. W. Rep. 436). Ky. Sec. 947. Trustees' dealings with trust estates. Cox v. When a trust is once established, no subsequent dealing with the property by the trustee can alter the relation between the parties or relieve the property of its trust character. Cox, 95 Va. 173 (27 S. E. Rep. 834). Where a mortgagee becomes a trustee of the mortgagor under an agreement to convert the property into money and apply it to the benefit of the mortgagor's creditors, he cannot purchase the property for his own benefit at a foreclosure sale thereof. Hamilton v. Dooly, 15 Utah 280 (49 Pac. Rep. 769). See opinion for discussion of this subject. A purchase of the trust estate by the trustee may be confirmed by long acquiescer.ce on the part of the beneficaries coupled with their acceptance of the proceeds of the sale. Kahn v. Chapin, 152 N. Y. 305 (46 N. E. Rep. 489). A guardian, who indirectly purchases lands in which his wards have an interest, at a partition sale thereof, will be held to account to their estate for any profit realized upon subsequent sale of such lands, although they are sold in connection with other land in which they have no interest. In re Jones' Estate, 179 Pa. St. 36 (36 Atl. Rep. 175). Only the ward. can complain of his guardian's violation of his trust in purchasing the trust lands at an execution sale thereof. Peadro v. Carriker, 168 Ill. 570 (48 N. E. Rep. 102). Where, at a public sale of property donated to a school dis trict, made by its trustees, it was agreed in writing that if the property should be recovered by a vendee of the donor, the sale should be treated as void, one of the trustees purchasing at such sale with the knowledge of the others, to whom a warranty deed is made, is not prohibited from availing himself of the benefit of such agreement on account of his trust relation. Trustees of Common School Dist. No. 2 v. Conrad, Ky. (39 S. W. Rep. 497). VENDOR AND VENDEE. EPITOME OF CASES. Sec. 948. As to what constitutes a contract of sale -Particular cases. Where the terms of the vendor's written offer of sale are accepted and complied with by the vendee the contract is binding and may be enforced. Bogle v. Jarvis, 58 Kan. 76 (48 Pac. Rep. 558). Particular instrument held to be an absolute contract of sale and not an option. Monongah Coal & Coke Co. v. Fleming, 42 W. Va. 538 (26 S. E. Rep. 201). Particular transactions held insufficient to constitute a complete contract of purchase. Connor v. Buhl, 115 Mich. 531 (73 N. W. Rep. 821). Particular contract of sale of real estate made to a corporation by a director thereof, held not invalid on account of the violation of his trust relation. Stetson v. Northern Inv. Co., 104 Ia. 393 (73 N. W. Rep. 869). Particular evidence examined and held insufficient to show an oral contract between a son and his father and mother for the transfer of land to him. McDonald v. Basom, 102 Ia. 419 (71 N. W. Rep. 341). Particular evidence examined and held insufficient to show delivery of a contract for the sale of land. Myrick v. Segar, 102 Ia. 749 (72 N. W. Rep. 298). Sec. 949. Rights and liabilities of vendor and vendee-Miscellaneous notes. A vendor's accrued right to recover damages does not pass to his vendee. City of Huntsville v. Ewing, 116 Ala. 576 (22 So. Rep. 984). It is held that a vendee of a city lot abutting on a street may maintain |