Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-08-30

while sounding grand and liberal. Unless
| a trust is declared d. D. Coltons will in
j vites his mother and sister to a BarInecidal
| feaSt-nay, worse, for unlike that Eastern
| tabled banquet, where guest and host were
served alive they can starve ON tinely-faSh-
Toned words. while his wife gorges herself
with the rich dishes furnished by the
wealth pretended to be given the mother
and sister Unless 4 trust is declared the
words used are idle, meaningless. They
| are rs nauSht, the same as if stricken from
the paper. Such result is abhoTent alike
TO kw and equity, for all parts of will,
Saith code and Court, statute and decision,
are To be given a meaning if possible. 1t
certainly is possible here to give full force
and meaning to all the language, all the
parts of Colton'S will, without doing vio-
lence 10 grammar or sense, TO estate or
legatee
UNLESS a trust is declared in favor of his
mother and sister in his will, now under
consideration, D. D. Cotton may well claim
to have dipped his imperceptible pen into
invisible ink and written upon intangible
paper, with shadowy hand, impalpable re-
quests, gifted with the magical power of
Guiding the grasp of any person or Court
while shining full of false hope TO the help
less relatives left starving for the lack of
want of the care and protection his wife,
the successor to his wealth, owes, but re-
fuses them. The power of Courts of law
and equity are vastly different, are gov
erned by widely divergent principles.
" The one acts upon all cases by virtue of
fixed rules of action, to which all must
abide. by which all sritors are measured.
It's proudest boast is blindness, that it may
not be influenced by age or sex, poverty or
wealth, passion or feeling, but give 10 all
litigants the law as it is written in the
books
" The other represents the conscience Of
the nation, and applies the doctrine of
morality and fair dealing to all suits
brought to its portals Its proud and truth
flil claim is that, with the unerring aid of
It's power and vii! To do right, ii peneuates
the hearts ofmen, lays bear their secret in
tentl0ns, views every person as lie really is,
and renders unto parties litgants relief
based upon the law written i'll the great
book of nature by the hand of Him that
spake as never man spake before or since:
Dc unto others as you would he done ov'
No statute law arbitrarily stays its hand
against the execution of its decree the in
junction cannot be issued. Ii is not so
nominated in the bond, for its very pur-
pose is TO read between the cold and lifeless
lines of the parchment and declare what
was truly, honestly and in good morals and
clear conscience meant by the parties.
81 This court Of conscience, this tribunal
of equity, finds its precedents in the uni
versai rule that the right should prevail.
lis sources Of power spring from the iounda-
ton of the world, from the Great Creator
who implanted in all men that divine cs-
scnce we call conscience, that sirinks from
wrong and swcils with happiness al right
eolts conduct. To such a forum plaintiff
comes asking that she be dealt with regard
ing this defendant as will be right as will ac-
thc chancelOr