58-2405. History: G.S. 1868, ch. 114, § 5; R.S. 1923, 67-405; Repealed, L. 2002, ch. 133, § 93; January 1, 2003. CASE ANNOTATIONS 1. Mortgage foreclosure sale of trust property; trustee cannot acquire title for himself by purchase. Rathbun v. Hill, 187 Kan. 130, 132, 147, 354 P.2d 338. 2. Power to sell or convey property can be exercised only in manner provided in instrument conferring the power. In re Estate of Sutcliffe, 199 Kan. 686, 694, 433 P.2d 389. 3. Conveyance of church property by trustees in violation of fiduciary relationship and contrary to trust purposes is void. Gospel Tabernacle Body of Christ Church v. Peace Publishers & Co., 211 Kan. 420, 425, 506 P.2d 1135. Motion for rehearing denied: 211 Kan. 927, 508 P.2d 842. 4. Trustee cannot ratify an act that is in violation of trust agreement because such an act is void. Mark Twain Kansas City Bank v. Kroh Bros. Dev. Co., 250 Kan. 754, 764, 766, 829 P.2d 907 (1992). 5. Presence of a resulting trust depends upon an agreement to hold property for the person paying the consideration and lack of fraudulent intent. In re Harrison, 430 B.R. 679 (2010). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026