The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-14
THE SUPREME COURT STRIKES At TRUSTS,

the said property and estate and monthly to
pay over the net income derived therefrom to
my SAID daughters and son in equal proper
tlons and upon the death of either OF my said
daughters pay over the one-thiId of the said
| net income TO which she, if living, would be
emitted to her children or descendants, if any
mere be; otherwise to my surviving daughter,
ana upon the death during the life of my said
son OF SAID surviving daughter, leaving chill
dren or descendants, then to her said children
or descendants, and if she leaves no children
or descendants, then said portion of said net
income to become part of the said rest and
residue OF my estate, and to be disposed of as
such under the provisions of this, and upon
the death of my said son pay over the one third
OF sald net income to which he, ii living,
would be entitled, TO my said two daughters in
equal proportions or to the survivor of them.
"You can see," continued the attorney,
now closely run the lines of the two
trusts, and my opinion is that the Su-
preme Court will take exactly the same ac-
ton IN the Fair will case as it did in that
OF Whitney versus Dodge and that means
to knock it out The capitalization of the
matter is this:
IF the trust by any possibility suspend
the power OF alienation for a longer period
than during the existence of lives in being
1t is void. alb initio, and the ordinary trust
to receive rents and profits and apply them
or pay them to a beneficiary does suspend
the power of alienation"
The attorneys for Charles L. Fair, the
contestant of the trust clause in the late
millionaire will, knew of the decision of
the Supreme Court long before it was pub
llshed, and it was learned last night thev
Will make it one OF the strongest points in
their case.
THE policy of tie law of California"
said one OF the attorneys last night, sis to
prevent the tying up of property beyond
the lives of the persons to whom it is
given. Yes, we know all about the de-
clslon IN the case of Whitney VS.. Dodge
and we think it comes pretty close TO APP
plying to our case. We think it is de-
clslve, in fact, because in that the Supreme
Court has said' that had it been a trust
created in this State it should have been
void.
There are two propositions in the Fair
will. One-half of the estate is given to the
brothers and sisters of Fair after the
death of Theresa, Virginia and Charley,
and the other half is given to the children
OF the two daughters after the death of the
latter. That is what is called future es-
tate, or, to put it more plainly, which will
not take effect in interest or in possession
until after the death of the last of Fair
three children. Until the death of the last
or Fair children it is absolutely impossi-
BILE to say or know vino or what persons
Will take Fairs estate, because if the
brothers and sisters of Fair and all their
children are dead the One-half intended
for them will go to somebody else, and
who that person is will depend on whether
or not Fairs daughters left children; and
if they did have children those children
will take the one-half intended for the
brothers and sisters.
The same is true of the one-half di-
rected to be given to the children of Fairs
daughters. If there are no children of
Fairs daughters when the last of Fairs
children dies the one-half intended for
them will go to Fairs brothers and sisters
then living if there are any. If Fairs
daughters die without having any children
surviving them, and if all OF Fairs brothers
and sisters are then dead, the whole re-
mainder of Fairs estate will then go, under
the laws of the State, to Fairs heirs-at-Iaw,
whoever they may be-possibly the lawyers
in the case.
1.-The trust is void we maintain, because
it suspends the absolute power of aliena-
ton of property beyond the period per-
mitted by the law of California and it is
an endeavor to fasten on property in the
State the entails so long suffered by the
English people, and which were finally
a hOliShed -