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

like a man, and trusted his wife to carry
! out his wishes. He uses different language
about his daughters, only one of whom
needed any provision, for the other was the
wife of a talented practitioner, able to pro-
i vide for her and all the family besides, if
necessary" Counsel here quoted textbooks
and authorities which set forth that trust
could be declared other than by specific
/ language; that the word wish, my
VIII, hope " no doubt, recommend
my desire request were equivalent
TO Il command. An absolute gift 10 per-
| son, coupled with request that the devisee
| would do anything with all or part of it
was the same as demand and created
trust No technical language was needed
| to create q trust. Counsel. said 1t was natu-
| raj for Cotton to use the language of request.
knowing as a lawyer ii was the same as a
command, and considering
IT WAS HIS WIFE
He was addressing. 1t was only natural 10
speak so to one who for years had looked
to him for advice and obeyed his wishes as
law. He wanted proper provision made
for his mother and sister. and he asked his
wife To make it. The question of what is
a proper provision is governed by the
| amount of the estate. The will sets forth
| that 1t was worth Il million. largely increas-
ing, and Mr., Hayes and the other counsel
will probably add to it wonderfully in the
suit at Santa Rosa
F" We hope So said both Mr.. Hayes and
Mr.. Thornton, in a breath.
:" \ eS, You hope So retor.ed Mr.. John
son. and whether you have four millions
or fourteen millions, you will be just as
Stlngy as you are now. You will still leave
the Old sick mother and the patient sister
to suffer and beg, and receive aid from
strangers without even doing simple JUS
tlce, Judging from your acts in the past
Proceeding with his argument Mr.. John
son said: Suppose D. D. Cotton had gone
away on a journey for five years. after COM
mending his mother and sister to the care
of his wife. Think YOU he would be
pleased when he came back to be told that
his wife had given them nothing, sick and
poor rs they were? Would he feel hurt if
his wife said Out ofmy generous income
| gave them 5000 or $4,000 a vear?' Nav.
he would be pleased to think that his wife
had cared for his relatives as he wished.
But suppose she said: 1t is true l got an
income OF $4,000 a year. Ii is true have
seen your mother suffer and need doctors.
medicine and food. 1t is true have seen
your sister i'll rags, but | gave them moth
ing. Would he not upbraid her for being
disobedient steward Of his property
The further hearing of the argument was
at this point postponed for one week
ARGUMENT RESUMED.
Upon the case being resumed August
18th, Grove L. Johnson proceeded with his
argument by drawing comparison be-
tween the language used by Cotton rcsncct-
ing his mother and sister and that used
respecting his two daughters. About his
mother and sister he requests that his
wife will make such provision rs NAV seem
best after recommending them to the care
and affection Of his wife. The reference to
his children was simply wish that his
wife would make such provision as was
suggested by love and affection and the
clause was apparently put in simply to ac-
cord with the law which makes it necessary
for devlSor TO mention his children by
name. The children were left to the ma
ternal love of his wife. the mother and
sister to the care of this Court, who will see
that the wife makes such proper provision
as she should have made without an appeal
to the law. Counsel cited many authorities
showing that where provision was left To
the discretion of q deyiscc, that discretion
must be exercised fairly and with reason,
and provision made in accordance with
surrounding circumstances. which NAV be
examined into by the Court. Courts of
equity have never favored u construction
which cOnters on q trustee absolute and
uncontrolled power. A beneficiary ALWAYS
has right to compel the performance of a
trust according To its terms and intent
1t is