November Term, 1897. Preston Stevenson, for the appellant. G.E. Waldo, for respondent Tuttle, as trustee. W.C. Beecher, for respondent National Broadway Bank. O'BRIEN, J.: The existence of the trust is not disputed, for the plaintiff is seeking to make title to the shares of stock here in controversy through and under Hotchkiss' title as trustee. The evidence shows that, in violation of the terms of the trust, Hotchkiss sought to divert the stock and use it for his own benefit or that of his wife