The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-01
Two Daughters of the Old Bernal
Family Go Into
Court.
THE HOMESTEAD IN DISPUTE.
The Mother Alleged to Have Appro
priated Twenty Acres Which
Were Held in Trust.

Elodle Z. Macdonald wife OF ID. b. Mac
donald, and Jovita B. McKinnon, wife of
William B. McKinnon, have brought suit
against Geronimo Ruffina de Bernal, their
mother, claiming an interest in twenty
acres of land in the old Rancho Rincon de
las Salinas Y Potrero Niejo, now live part
OF the City of San Francisco, bounded in
part by Islais Creek, Alemany avenue and
the Ocean road.
The allegation is that the mother re-
ceived a deed 10 this twenty acres years
ago to be held in trust for the heirs of her
husband; that the husband died with out
mentioning the tract or disposing of it in
his will, and tina, the mother has since
claimed the property as her own and
keeps the rents. which are said to form a
large sum. The plaintiffs sue for four
The story as told in the complaint
begins away back.
Jose Cornelius de Bernal settled upon
the Rancho Rlncon de las Salinas Po-
trero Viejo. He died November g. 1850,
before a patent to the land arrived. 1t
came, however, In the name OF his son,
Jose Jesus de Bernal, and to his widow.
Before dying the father, being in tinan-
cial difficulties and wishing to save it from
his creditors, conveyed the interest of him
self and wife, by quitclaim deed to the
whole tract to Mariana higuero. There
was no consideration, it being understood
she was to hold ii in trust.
On October %, 1856, Jose Jesus Bernal,
the son, married Geronimo Ruffina and
thereafter, on May "A, 1870 died, leaving
besides his widow, three children, son,
Jose c. Bernal, (the latter generation
drops the "de'') and two daughters, Elodie
c. and Jovita B.
About February 3, 1857, Mariana
Higuero Teconveyed the land to the grand
mother of the plaintiffs, Carmina Sibrian
de Bernal, and the father of plaintiffs
Jose Jesus, Teserving the twenty acres still
in trust for the benefit of the heirs.
August 81, 1852 she delivered a deed OF
gift-there being no consideration-of the
twenty acres to Geronimo Ruffina de
Bernal, mother of the plaintiffs.
The plaintiffs declare that their mother
took the deed with the full knowledge
that it was TO be held in trust, that she
has said so.
The grandmother conveyed all her title
in the land to her son, the plaintiffs
father, in 1870. She died in Septem Der
1882, leaving the plaintiffs sole heirs
Their father made no will for the twenty
acres. The administration of his estate
has been closed.
Jose c. Bernal, the son, conveyed his
interest to his sisters, the plaintiffs.
In their complaint they say that the de-
PENDANT has held possession of the tract fol-
the heirs of Jose Jesus BernaI since June
3, 1889 and has received large revenue!
therefrom in rents, the amounts of which
the plaintiffs do not know; that she now
claims exclusive ownership of the trac
and refuses to acknowledge the trust Of
that the plaintiffs have any interest in the
land.
Following is the description of the prop.
erty in question:
Commencing at the northwest corner of the
fT-ta or Ut Cfol- in In -
Aemany avenue, thence running along the
fence OF Piochei land north 40 deg, west 9. 20
chains; thence south 7272 deg, west 1.27
chains; thence north 2212 deg, west 1.S2
chains, to the stake on the east bank of Islafs
Creek, thence following up said creek
6714 deg, west l chain; south 45 deg.
west 5 chains; south 5S% deg, wes
go chains; south 20 deg, west 1.55
chains; north 43 deg, west 80 chains
$50 chains; south COZ deg, west ,. 80 chains
south 49, deg, east 2.SS chains: south al;
deg, east POI chains; south 81 deg, north
2 chains; south 3012 deg, west 2.64 chains;
south 62J4 deg, west 27 chains; south 49,
deg, west chains; south Is deg, east 239
chains; south q deg, west 222 chains TO the
north line OF the Ocean House road; thence
north s312 deg, east 20 chains to a large
stake; thence north S33l deg, east 3. O. chains
north S614 deg, east PSF chains to the Acad
envy Tract; thence north deg. 10 min, east
~ chains; north 81 deg. So min, west 1.Se
chains TO the west line of Alemany street
thence north "a deg. 10 min, east 1871
chains; thence north 80 deg. 80 min, cas-
1885 chains; thence north 20 deg, east 2.3S
chains to the point OF beginning.
Judge Coffey yesterday made an order
setting aside his previous order of August
ii, which suspended the powers of Zero
nina r. de Bernal as eXecutrix OF the last
will of Carmina S. de Bernal.