21180. The trustee or trustees of any trust or trusts created for
the founding, endowment, and maintenance of a university, college,
school, seminary of learning, mechanical institute, museum, gallery
of art, library, or any other institution, or any or all thereof,
pursuant to Article 1 (commencing with Section 21100) and Article 2
(commencing with Section 21140) of this chapter, may commence a
special proceeding to determine all questions of law and fact
affecting the existence of, and the due and voluntary execution and
delivery, and the terms, validity, and legal effect of the grant
founding the institution, and of all amendments or attempted
amendments to the grant, and of any supplemental grants or gifts, and
of any confirmatory conveyances, of the founder or surviving
founder, or spouse or surviving spouse of the founder.
21181. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
gift or grant made in general terms for the benefit of the
institution, or of any department of the institution, or of any gift
or grant made in general terms for the benefit of the institution, or
of any department of the institution, or of any gift or grant made
in general terms for the benefit of the institution, or of any
department of the institution, upon the trusts provided for in the
grant founding the institution, and amendments thereof and grants,
bequests, and devises supplementary thereto.
21182. The special proceeding may also be commenced to determine
all questions bearing upon the passing to the trustee or trustees of
the legal title to the properties, real and personal, conveyed or
attempted to be conveyed, so far as the property or the proceeds
thereof, or any property acquired in exchange therefor or with
proceeds thereof, is described in the petition provided for in this
article, and the interest or title of the trustee or trustees in or
to any property described in the petition.
21183. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
grant or surrender by any founder, surviving founder, or spouse or
surviving spouse of any founder, to, or in favor of, the trustee or
trustees, of any rights, powers, privileges, or duties reserved to or
vesting in any such person over or concerning any property described
in the petition, or over or concerning the institution, which would
otherwise vest in or devolve upon the trustee or trustees upon the
death of the person granting or surrendering the right, powers,
privileges, or duties, and of any relinquishment or release by the
founder, surviving founder, or spouse or surviving spouse of any
founder, of any other rights, powers, privileges, or duties reserved
to or vesting in any such person.
21184. The trustee or trustees of any trust created pursuant to
Article 1 (commencing with Section 21100) and Article 2 (commencing
with Section 21140) of this chapter, in the name of the institution
or institutions, or in the name of the trustee or trustees of the
institution, or in the name of the board of trustees of the
institution, may file, in the superior court of the county in which
the lands described in the founding grant, or some portion thereof,
are situated, or, if no real estate has been granted to the trustees,
then in the county where the main part of the institution is
situated, a petition in writing, signed by counsel for the trustee or
trustees, or by counsel for a majority thereof.
21185. The petition shall contain copies of all grants, amendments,
attempted amendments, supplemental grants, instruments of gift,
confirmatory conveyances, and grants and instruments of surrender,
relinquishment or release, so far as known to the trustee or
trustees.
21186. The petition shall allege in general terms the due and
voluntary execution and delivery, and the validity, of any and all
instruments, copies of which are set out in the petition, and shall
describe all property, real and personal, the legal title to which is
held or claimed to be held by the trustee or trustees under or by
virtue of any or all of the instruments, whether or not the property
is the original property conveyed, the proceeds thereof, or
reinvested proceeds.
21187. The petition shall allege in general terms the estate or
interest which the trustee or trustees have or claim in or to the
property described.
21188. The petition shall pray, in effect, that the court:
(a) Examine and determine all questions of law and fact affecting
the due and voluntary execution and delivery, and the terms,
validity, and legal effect of all the instruments, copies of which
are set out in the petition.
(b) Examine and determine all questions bearing upon the passing
to the trustee or trustees, of the legal title to all the properties,
real and personal, conveyed or attempted to be conveyed, so far as
the property or the proceeds thereof, or any property acquired in
exchange therefor or with the proceeds thereof, is described in the
petition.
(c) Examine and determine the interest or title of the trustee or
trustees in or to the property.
(d) Establish and determine that the trustee or trustees are
rightfully vested with the legal title thereto.
21189. The court or judge shall fix the time for hearing the
petition, and shall order the clerk of the court to post in at least
three public places in the county a notice of the filing of the
petition, attached to a copy of the petition, and order a copy of the
notice together with a copy of the petition to be personally served
upon the founder, if living, and upon the spouse or surviving spouse
of any founder, and upon any living grantor or donor of any other
grant or gift set out in the petition, and may order such other or
further notice to be given as the judge or court may deem proper. The
notice shall be posted and served at least 10 days before the
hearing.
21190. If the court or judge finds upon the hearing that due and
proper notice has not been given as provided in Section 21189, it
shall reset the hearing and cause due and proper notice to be given.
21191. The notice and petition shall be entitled substantially in
the following form:
In the Superior Court of the ____ County of ____, State of
California.
In the matter of the petition of ____ (giving the name or names in
which the petition is brought) for the ascertainment of the
existence and terms of, and for the determination of the validity and
legal effect of grants or other instruments creating, changing, or
affecting trusts and estates for the founding, endowment, and
maintenance of ____ (naming the institution or institutions founded).
21192. The notice shall state the time and place fixed for the
hearing of the petition and shall be addressed to the founder or
founders, if living, and to the spouse or surviving spouse of any
deceased founder, and the living grantor or donor of any other grant
or gift set out in the petition, and in general terms to all other
persons having or claiming any interest in, or rights, powers, or
duties over or concerning the property described in the petition; and
shall direct that they and each of them appear and answer the
petition on or before the time set for the hearing. The notice shall
also state that unless they so appear and demur or answer, the
petitioners will apply to the court to grant the prayer of the
petition, and that each person failing to so appear and answer, shall
be deemed to admit as true all the material allegations of the
petition.
21193. Any person required to be served, or any other person
interested may waive notice by written waiver filed with the clerk of
the court.
21194. Any person interested in the determination of any of the
questions presented by the petition may demur to or answer the
petition and may set up any new matter affecting the determination of
the questions.
21195. Any allegation of the petition or answer may be made upon
information and belief.
21196. The provisions of the Code of Civil Procedure respecting the
demurrer and the answer to a verified complaint, shall be applicable
to a demurrer or answer to the petition.
21197. The persons demurring to or answering the petition shall be
the defendants to the special proceeding and the petitioners shall be
the plaintiffs.
21198. Every material statement of the petition not specifically
controverted by the answer shall, for the purposes of the special
proceeding, be taken as true, and each person failing to answer the
petition shall be deemed to admit as true all the material
allegations of the petition.
21199. The rules of pleading and practice provided for by the Code
of Civil Procedure, which are not inconsistent with this article, are
applicable to the special proceeding provided for.
21200. Upon the hearing of the special proceeding, the court shall
examine into and determine all questions of law and fact within the
scope of the proceeding herein provided for, whether presented by the
petition or answer, or by the proofs upon the hearing.
The court shall find and determine whether the notice of the
filing of the petition has been duly given for the time and in the
manner prescribed in this article.
21201. The costs of the special proceeding may be allowed and
apportioned between all parties, in the discretion of the court.
21202. A certified copy of the judgment of the court in the special
proceeding shall be recorded in the office of the recorder of the
county in which the action is brought and in the office of the
recorder of every county in which any of the real property affected
is situated.
21203. The judgment of the court in the special proceeding is
determinative of the terms and trusts upon which any property
thereafter given for the benefit of the institution, or any
department thereof, is held by the trustee or trustees, unless
otherwise provided by the grantor or donor.
21180. The trustee or trustees of any trust or trusts created for
the founding, endowment, and maintenance of a university, college,
school, seminary of learning, mechanical institute, museum, gallery
of art, library, or any other institution, or any or all thereof,
pursuant to Article 1 (commencing with Section 21100) and Article 2
(commencing with Section 21140) of this chapter, may commence a
special proceeding to determine all questions of law and fact
affecting the existence of, and the due and voluntary execution and
delivery, and the terms, validity, and legal effect of the grant
founding the institution, and of all amendments or attempted
amendments to the grant, and of any supplemental grants or gifts, and
of any confirmatory conveyances, of the founder or surviving
founder, or spouse or surviving spouse of the founder.
21181. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
gift or grant made in general terms for the benefit of the
institution, or of any department of the institution, or of any gift
or grant made in general terms for the benefit of the institution, or
of any department of the institution, or of any gift or grant made
in general terms for the benefit of the institution, or of any
department of the institution, upon the trusts provided for in the
grant founding the institution, and amendments thereof and grants,
bequests, and devises supplementary thereto.
21182. The special proceeding may also be commenced to determine
all questions bearing upon the passing to the trustee or trustees of
the legal title to the properties, real and personal, conveyed or
attempted to be conveyed, so far as the property or the proceeds
thereof, or any property acquired in exchange therefor or with
proceeds thereof, is described in the petition provided for in this
article, and the interest or title of the trustee or trustees in or
to any property described in the petition.
21183. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
grant or surrender by any founder, surviving founder, or spouse or
surviving spouse of any founder, to, or in favor of, the trustee or
trustees, of any rights, powers, privileges, or duties reserved to or
vesting in any such person over or concerning any property described
in the petition, or over or concerning the institution, which would
otherwise vest in or devolve upon the trustee or trustees upon the
death of the person granting or surrendering the right, powers,
privileges, or duties, and of any relinquishment or release by the
founder, surviving founder, or spouse or surviving spouse of any
founder, of any other rights, powers, privileges, or duties reserved
to or vesting in any such person.
21184. The trustee or trustees of any trust created pursuant to
Article 1 (commencing with Section 21100) and Article 2 (commencing
with Section 21140) of this chapter, in the name of the institution
or institutions, or in the name of the trustee or trustees of the
institution, or in the name of the board of trustees of the
institution, may file, in the superior court of the county in which
the lands described in the founding grant, or some portion thereof,
are situated, or, if no real estate has been granted to the trustees,
then in the county where the main part of the institution is
situated, a petition in writing, signed by counsel for the trustee or
trustees, or by counsel for a majority thereof.
21185. The petition shall contain copies of all grants, amendments,
attempted amendments, supplemental grants, instruments of gift,
confirmatory conveyances, and grants and instruments of surrender,
relinquishment or release, so far as known to the trustee or
trustees.
21186. The petition shall allege in general terms the due and
voluntary execution and delivery, and the validity, of any and all
instruments, copies of which are set out in the petition, and shall
describe all property, real and personal, the legal title to which is
held or claimed to be held by the trustee or trustees under or by
virtue of any or all of the instruments, whether or not the property
is the original property conveyed, the proceeds thereof, or
reinvested proceeds.
21187. The petition shall allege in general terms the estate or
interest which the trustee or trustees have or claim in or to the
property described.
21188. The petition shall pray, in effect, that the court:
(a) Examine and determine all questions of law and fact affecting
the due and voluntary execution and delivery, and the terms,
validity, and legal effect of all the instruments, copies of which
are set out in the petition.
(b) Examine and determine all questions bearing upon the passing
to the trustee or trustees, of the legal title to all the properties,
real and personal, conveyed or attempted to be conveyed, so far as
the property or the proceeds thereof, or any property acquired in
exchange therefor or with the proceeds thereof, is described in the
petition.
(c) Examine and determine the interest or title of the trustee or
trustees in or to the property.
(d) Establish and determine that the trustee or trustees are
rightfully vested with the legal title thereto.
21189. The court or judge shall fix the time for hearing the
petition, and shall order the clerk of the court to post in at least
three public places in the county a notice of the filing of the
petition, attached to a copy of the petition, and order a copy of the
notice together with a copy of the petition to be personally served
upon the founder, if living, and upon the spouse or surviving spouse
of any founder, and upon any living grantor or donor of any other
grant or gift set out in the petition, and may order such other or
further notice to be given as the judge or court may deem proper. The
notice shall be posted and served at least 10 days before the
hearing.
21190. If the court or judge finds upon the hearing that due and
proper notice has not been given as provided in Section 21189, it
shall reset the hearing and cause due and proper notice to be given.
21191. The notice and petition shall be entitled substantially in
the following form:
In the Superior Court of the ____ County of ____, State of
California.
In the matter of the petition of ____ (giving the name or names in
which the petition is brought) for the ascertainment of the
existence and terms of, and for the determination of the validity and
legal effect of grants or other instruments creating, changing, or
affecting trusts and estates for the founding, endowment, and
maintenance of ____ (naming the institution or institutions founded).
21192. The notice shall state the time and place fixed for the
hearing of the petition and shall be addressed to the founder or
founders, if living, and to the spouse or surviving spouse of any
deceased founder, and the living grantor or donor of any other grant
or gift set out in the petition, and in general terms to all other
persons having or claiming any interest in, or rights, powers, or
duties over or concerning the property described in the petition; and
shall direct that they and each of them appear and answer the
petition on or before the time set for the hearing. The notice shall
also state that unless they so appear and demur or answer, the
petitioners will apply to the court to grant the prayer of the
petition, and that each person failing to so appear and answer, shall
be deemed to admit as true all the material allegations of the
petition.
21193. Any person required to be served, or any other person
interested may waive notice by written waiver filed with the clerk of
the court.
21194. Any person interested in the determination of any of the
questions presented by the petition may demur to or answer the
petition and may set up any new matter affecting the determination of
the questions.
21195. Any allegation of the petition or answer may be made upon
information and belief.
21196. The provisions of the Code of Civil Procedure respecting the
demurrer and the answer to a verified complaint, shall be applicable
to a demurrer or answer to the petition.
21197. The persons demurring to or answering the petition shall be
the defendants to the special proceeding and the petitioners shall be
the plaintiffs.
21198. Every material statement of the petition not specifically
controverted by the answer shall, for the purposes of the special
proceeding, be taken as true, and each person failing to answer the
petition shall be deemed to admit as true all the material
allegations of the petition.
21199. The rules of pleading and practice provided for by the Code
of Civil Procedure, which are not inconsistent with this article, are
applicable to the special proceeding provided for.
21200. Upon the hearing of the special proceeding, the court shall
examine into and determine all questions of law and fact within the
scope of the proceeding herein provided for, whether presented by the
petition or answer, or by the proofs upon the hearing.
The court shall find and determine whether the notice of the
filing of the petition has been duly given for the time and in the
manner prescribed in this article.
21201. The costs of the special proceeding may be allowed and
apportioned between all parties, in the discretion of the court.
21202. A certified copy of the judgment of the court in the special
proceeding shall be recorded in the office of the recorder of the
county in which the action is brought and in the office of the
recorder of every county in which any of the real property affected
is situated.
21203. The judgment of the court in the special proceeding is
determinative of the terms and trusts upon which any property
thereafter given for the benefit of the institution, or any
department thereof, is held by the trustee or trustees, unless
otherwise provided by the grantor or donor.
21180. The trustee or trustees of any trust or trusts created for
the founding, endowment, and maintenance of a university, college,
school, seminary of learning, mechanical institute, museum, gallery
of art, library, or any other institution, or any or all thereof,
pursuant to Article 1 (commencing with Section 21100) and Article 2
(commencing with Section 21140) of this chapter, may commence a
special proceeding to determine all questions of law and fact
affecting the existence of, and the due and voluntary execution and
delivery, and the terms, validity, and legal effect of the grant
founding the institution, and of all amendments or attempted
amendments to the grant, and of any supplemental grants or gifts, and
of any confirmatory conveyances, of the founder or surviving
founder, or spouse or surviving spouse of the founder.
21181. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
gift or grant made in general terms for the benefit of the
institution, or of any department of the institution, or of any gift
or grant made in general terms for the benefit of the institution, or
of any department of the institution, or of any gift or grant made
in general terms for the benefit of the institution, or of any
department of the institution, upon the trusts provided for in the
grant founding the institution, and amendments thereof and grants,
bequests, and devises supplementary thereto.
21182. The special proceeding may also be commenced to determine
all questions bearing upon the passing to the trustee or trustees of
the legal title to the properties, real and personal, conveyed or
attempted to be conveyed, so far as the property or the proceeds
thereof, or any property acquired in exchange therefor or with
proceeds thereof, is described in the petition provided for in this
article, and the interest or title of the trustee or trustees in or
to any property described in the petition.
21183. The special proceeding may also be commenced to determine
all questions of law and fact affecting the due and voluntary
execution and delivery, and the validity and legal effect, of any
grant or surrender by any founder, surviving founder, or spouse or
surviving spouse of any founder, to, or in favor of, the trustee or
trustees, of any rights, powers, privileges, or duties reserved to or
vesting in any such person over or concerning any property described
in the petition, or over or concerning the institution, which would
otherwise vest in or devolve upon the trustee or trustees upon the
death of the person granting or surrendering the right, powers,
privileges, or duties, and of any relinquishment or release by the
founder, surviving founder, or spouse or surviving spouse of any
founder, of any other rights, powers, privileges, or duties reserved
to or vesting in any such person.
21184. The trustee or trustees of any trust created pursuant to
Article 1 (commencing with Section 21100) and Article 2 (commencing
with Section 21140) of this chapter, in the name of the institution
or institutions, or in the name of the trustee or trustees of the
institution, or in the name of the board of trustees of the
institution, may file, in the superior court of the county in which
the lands described in the founding grant, or some portion thereof,
are situated, or, if no real estate has been granted to the trustees,
then in the county where the main part of the institution is
situated, a petition in writing, signed by counsel for the trustee or
trustees, or by counsel for a majority thereof.
21185. The petition shall contain copies of all grants, amendments,
attempted amendments, supplemental grants, instruments of gift,
confirmatory conveyances, and grants and instruments of surrender,
relinquishment or release, so far as known to the trustee or
trustees.
21186. The petition shall allege in general terms the due and
voluntary execution and delivery, and the validity, of any and all
instruments, copies of which are set out in the petition, and shall
describe all property, real and personal, the legal title to which is
held or claimed to be held by the trustee or trustees under or by
virtue of any or all of the instruments, whether or not the property
is the original property conveyed, the proceeds thereof, or
reinvested proceeds.
21187. The petition shall allege in general terms the estate or
interest which the trustee or trustees have or claim in or to the
property described.
21188. The petition shall pray, in effect, that the court:
(a) Examine and determine all questions of law and fact affecting
the due and voluntary execution and delivery, and the terms,
validity, and legal effect of all the instruments, copies of which
are set out in the petition.
(b) Examine and determine all questions bearing upon the passing
to the trustee or trustees, of the legal title to all the properties,
real and personal, conveyed or attempted to be conveyed, so far as
the property or the proceeds thereof, or any property acquired in
exchange therefor or with the proceeds thereof, is described in the
petition.
(c) Examine and determine the interest or title of the trustee or
trustees in or to the property.
(d) Establish and determine that the trustee or trustees are
rightfully vested with the legal title thereto.
21189. The court or judge shall fix the time for hearing the
petition, and shall order the clerk of the court to post in at least
three public places in the county a notice of the filing of the
petition, attached to a copy of the petition, and order a copy of the
notice together with a copy of the petition to be personally served
upon the founder, if living, and upon the spouse or surviving spouse
of any founder, and upon any living grantor or donor of any other
grant or gift set out in the petition, and may order such other or
further notice to be given as the judge or court may deem proper. The
notice shall be posted and served at least 10 days before the
hearing.
21190. If the court or judge finds upon the hearing that due and
proper notice has not been given as provided in Section 21189, it
shall reset the hearing and cause due and proper notice to be given.
21191. The notice and petition shall be entitled substantially in
the following form:
In the Superior Court of the ____ County of ____, State of
California.
In the matter of the petition of ____ (giving the name or names in
which the petition is brought) for the ascertainment of the
existence and terms of, and for the determination of the validity and
legal effect of grants or other instruments creating, changing, or
affecting trusts and estates for the founding, endowment, and
maintenance of ____ (naming the institution or institutions founded).
21192. The notice shall state the time and place fixed for the
hearing of the petition and shall be addressed to the founder or
founders, if living, and to the spouse or surviving spouse of any
deceased founder, and the living grantor or donor of any other grant
or gift set out in the petition, and in general terms to all other
persons having or claiming any interest in, or rights, powers, or
duties over or concerning the property described in the petition; and
shall direct that they and each of them appear and answer the
petition on or before the time set for the hearing. The notice shall
also state that unless they so appear and demur or answer, the
petitioners will apply to the court to grant the prayer of the
petition, and that each person failing to so appear and answer, shall
be deemed to admit as true all the material allegations of the
petition.
21193. Any person required to be served, or any other person
interested may waive notice by written waiver filed with the clerk of
the court.
21194. Any person interested in the determination of any of the
questions presented by the petition may demur to or answer the
petition and may set up any new matter affecting the determination of
the questions.
21195. Any allegation of the petition or answer may be made upon
information and belief.
21196. The provisions of the Code of Civil Procedure respecting the
demurrer and the answer to a verified complaint, shall be applicable
to a demurrer or answer to the petition.
21197. The persons demurring to or answering the petition shall be
the defendants to the special proceeding and the petitioners shall be
the plaintiffs.
21198. Every material statement of the petition not specifically
controverted by the answer shall, for the purposes of the special
proceeding, be taken as true, and each person failing to answer the
petition shall be deemed to admit as true all the material
allegations of the petition.
21199. The rules of pleading and practice provided for by the Code
of Civil Procedure, which are not inconsistent with this article, are
applicable to the special proceeding provided for.
21200. Upon the hearing of the special proceeding, the court shall
examine into and determine all questions of law and fact within the
scope of the proceeding herein provided for, whether presented by the
petition or answer, or by the proofs upon the hearing.
The court shall find and determine whether the notice of the
filing of the petition has been duly given for the time and in the
manner prescribed in this article.
21201. The costs of the special proceeding may be allowed and
apportioned between all parties, in the discretion of the court.
21202. A certified copy of the judgment of the court in the special
proceeding shall be recorded in the office of the recorder of the
county in which the action is brought and in the office of the
recorder of every county in which any of the real property affected
is situated.
21203. The judgment of the court in the special proceeding is
determinative of the terms and trusts upon which any property
thereafter given for the benefit of the institution, or any
department thereof, is held by the trustee or trustees, unless
otherwise provided by the grantor or donor.
