The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-23
He Leaves Nearly the Entire
Estate in Trust to His
Children.
NOTHING GIVEN TO CHARITY
John M. Agar, the Son-in-Law. win
Have Exclusive Control of
the Property.

u1eu d oAAe 10. IL Is long and full of repe-
htlons, and in the end creates trust fund
OF the entire fortune. The boys will not
nave hand IN the management of the
estate, and will only be allowed to handle
their own share of the income, which will
be doled out to them by their brother-in-
law, John G. Agar Agar and Mrs. Agnes
NJ Agar were named as executors and
trustees, but with the filing of the will and
Its accompanying documents was renun-
clation of her trust by Mrs Agar and q
nomination of her husband as her success
scr, as she had a right to do under the
VIII, thus making him sole trustee and
executor. He alone petitions for the pro-
bate of the will.
The trust is to terminate at the death OF
the grandchildren, John Giraud Agar Jr.
and William Marlborough Agar, or the
remaining one. The full text OF the will is
as follows:
I, Joseph Nacdonough, being of sound and
diSposing mind and memory, do publish and
declare this 10 be my last will aud testament.
hlrst-I authorize and direct my executors,
hereinafter named, to pay all my lust debts
and personal expenses as soon after my death
es possible.
Second-I authorize and direct my executors
TO pay off and satisfy the debt which is due by
my sisters and secured by mortgage on their
mouse, 133 East Nlnety-ffth street. in the city
OF New YORK, provided that at the time OF my
death the title to the said property is in the
name of my said sisters, or either OF them. or
provided they are beneiicially interested in
said property.
Third give and bequeath to my sisters,
Marcella Marlborough and Ann Costello, an
annuity OF $4,000 each during the life of each,
10 commence from my death, ana TO be paid to
each OF them in equal monthly payments in
advance. And in respect of each of said annu-
tiles, [ will and direct that the executors
named in my last will and testament shall as
soon as may be after my death, set apart and
appropriate from my estate an amount of per-
sonal property sufficient to yield q net income
adequate 10 meet and discharge each of said
annuities SIS IL shall become due and payable.
and transfer said amount OF personal property
to themselves rs trustees, TO be held by them
and their successors in trust.
To invest and TO keep and hold all of the said
personal property duly invested during the
lifetime OF each OF the said annuitants, IN re-
spect OF whom the same are so set apart. With
power 10 the said trustees al discretion to SELL
call IN and change the investments from time
10 Time, ana to relnveSt the proceeds and 10 &C.
quire and receive the income arising from
such investments, or Refreshments. and out OF
the net ncome OF such investments after paying
theretrom all proper disbursements and
charges, including taxes, If any, to paw such
annuity as ii shall fall due.
And upon the death OF each OF the annui-
tsnts the capital OF the fund so held 10 secure
the annuity OF each shall sink into my resid-
uarv estate and be subject to the disposition
thereof hereinafter specified.
FOURTH give, devise and beoueath the
rest, residue and remainder of my estate real
personal, and mixed, TO my executors in trust
H.,
GirRud Agar Jr. and William Macdonough
Agar, 10 receive the rents, issues, profits and
income OF the said rest, residue and remainder,
ana after the payment Of all taxes, assessments
and charges of all kinds 10 divide the net rents
profits and income into five equal parts and
apply one OF said five equal parts TO the use OF
escli one OF my three children, Joseph VI. Mac
donouEh, William OBJ Marlborough and Agnes
N. Agar, during each of their lives, and ct
the portion he, she or they would be entitled
to If living, TO the use of his her OF their chill
dren, ii they have any children, him, her or
them surviving: but II any of my said chill
dren have no children, him, her or them
vlving at the tine OF his, her or their death,
then 10 apply the share which he, she or they
would take If living equally TO the use OF the
brothers or sisters OF the one the of
my said children so dying without having
But ii any of my said children should die
without having lawful issue him, her or them
surviving, and without having any brothers or
sisters him, her or them surviving then to ap-
ply his, her their share of the said net rents,
issues, income and prof Is 10 the use OF the law
full issue OF his, her or their brothers or sisters,
the share or shares which the brothers sis
ter would take to go the lawful issue OF said
brothers or sister, per stripes,
And on the determination of this trust or the
death OF my two grandchildren above named,
to give, grant, assign, transfer set over and de-
liver one equal third part of the said rest
and residue and remainder OF my said
may be then living, and to the lawful issue of
each OF my said children as may be dead leav
ing lawful issue, the SAID issue 10 take the
share the parent or grandparent would take if
living, per stripes.
But II any OF my children die without hay
ing lawful issue her, him or them surviving
then the share which he, she or they would re-
ceiye if living at the time of the determination
OF this trust shall go equally TO the surviving
brothers and sister of the one or ones so dying
without leaving lawful issue, him ,her or them
surviving.
But if any of my children should die without
having lawful issue him, her or them surviv-
Or brother m. them
surviving them, the share or shares which the
said brother or sister would take If living shall
go TO the lawful issue OF said brothers or sis
tiers, per stripes.
But if any OF my children should die without
having lawful issue him. her or them surviv-
ing, or any brothers or sister him, her or them
surviving them, the share or shares which said
brothers or sister would take if living shall go
10 the lawful issue OF said brothers or sisters,
per stripes.
But ii any of my children should die without
having lawful issue him, her or them then
surviving, or any brothers or sisters him, her or
them surviving, or any brothers or sisters
lawful issue him, her or them surviving, then
the share or shares which the brothers
or sisters lawful issue would take, If
living shall go to the person or persons whom
my said children shall appoint by will or by
any instrument in writing in the nature of
will.
Fifth hereby give full authority and
power to my said executors to sell at any time
In their discretion, or in the discretion of the
survivors of them, any and all of the said rest,
residue and remainder of my estate whether
real, personal or mixed. And further author
ize and empower them, or the survivor of them,
10 invest the proceeds OF such sale at any time
in such bonds or in such real estate in some
city of the United States OF population of not
less than sc, 600 as they may deem best. And
l authorize and empower my said exc
cutors, or the survivor OF Them, to
keep at eli times all the rest, residue and re-
mainder OF my estate duly invested during the
continuance of my trust herein provided for
and in their discretion TO call in and change
the investments from time to time and to col
lect and receive the income arising from such
investments or Refreshments, and out OF the
net income of such investments, after paying
therefrom all charges, including taxes and
assessments, If any, TO pay the balance TO the
benefcieries hereinbefore provided according
to the terms of this viii.
SIXTH hereby nominate, constitute and ap-
point my daughter, Agnes NJ. Agar. as the ex-
ecutrix, and my son-in-law, John G. Agar as
the executor, of this my last will and testa-
ment, or the survivor OF them, and desire and
direct that neither OF them give bond or secur-
ity for the performance of their duties as ex-
ecutors and trustees. And Il hereby authorize
and empower the survivor OF them 10 noml-
nate, constitute and appoint, in his or her last
win and testament, one or more persons VINO
shall, at and after his or her death, be the ex
ecutors and trustees 10 carry out the provisions