The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-07

test just the minute the other side lets US
know what we have to contest. Let them
put in their documents produced will or
lost willard we file our contest at once.
And when we do so, may just as well say
here, every man, woman and child in San
Francisco not prejudiced will admit our
cause to be just. The provisions of this
will are so monstrous when analyzed-that
is to say when understood for what they
are-that the will cannot stand Reduced
to its single principle this vast estate is
handed over to the executors to do with as
they wish. They may deny the nominal
heirs everything, may turn them into the
street. The will is so constructed as to
invite the Withholding of its benefits from
the heirs. II the executors are honest men
and do all that the heirs could expect
in their behalf, still the will provides them
an ample fortune"
"Then you don't agree with Mr.. McEn-
erney that the undue influence that only
provides $4,000 as a bequest for itself where
the possibilities run into millions would
make but poor witness in court?"
81 wouldn't think of disagreeing with
Mr.. McEnerney on such matter if that
were true, but the $4,000 is mere drop in
the bucket, and was put in there more for
900. The fact is the will provides $4,000
to each of the executors the first year, ex-
elusive of requests"
'Let me show you," said Mr.. Heggerty,
taking up the story. 'The code fixes as
compensation for executors in the dis
$1,000 that is $40; 5 per cent for the next
$4,000 which is $3.50: per cent for the next
$4,000, which is $500; 8 per cent for the
next $50, 900, which is $780, per cent for
the next $50, 900, which is $1,000, and 1 per
cent ror all above that. Now, for the sake
of the estimate and to be certain to be
within bounds, say the estate is worth
$20,000000. We have counted the fees on
100000, which amount to $500 The /
per cent on the $19, 900, 600 remaining
amounts to $l99,0o0 and foots up $201, $50,
to be divided between the executors the
first year.
"For the law provides that an estate may
be distributed within year. In this in
stance the executors will distribute to
themselves as trustees and will continue in
that relation to the estate through the lives
of the principal heirs. They will expect
the court to name the same Compensation
for subsequent service as trustee as was
nominated in the will, and the court would
no doubt grant it, especially if the estate,
having been estimated at $50, 000, 900 they
report upon it as $25, 900, 600 And don't
you see how it is to their interest to esti-
mate it as high as may be, getting the 1
per cent upon it, as they would? And
don't you see how that very principle
would cause them to go slow in making
over any part of it to the children? Every
dollar they give up reduces their own
percentages. Nice arrangement, isn't it,
for the children of a multimillionaire to
be wholly dependent upon the good offices
of their fathers clerks?''
81 have said that when we file our con-
fof. Io !
open its eyes," said Mr.. Knight. 1--WE
have no concealments to make or mystic
rieS to create and might carry our case on
our sleeve. We will leave the other side
to do the mysterious.
"Now, suppose that accidents or epidem-
les should carry off the heirs. In five years
winding up the business of these trustees
in that time they would have rounded
up neat fortune of $252, 295 each in these
fees alone, exclusive of the commissions
and other revenues which the will puts in
their hands.
"Now, how like James g. Fair it was
all these liberal provisions for his former
that he considered himself as doing excel
lently well when he paid once for any
thing, but here he reiterates his desires
and binds himself to pay these men, Angus
and Bresse. first, their $4,000 bequest
next, the salary which they had received
from him in his lifetime is to continue
without regard to the other income, and in
addition to these the will especially pro-
vides for commissions ON all contracts to
be let, etc.
Now, suppose that the trustees, exer-
cising the power which they undoubtedly
have under this will, feel called upon to
develop and improve the estate, and so I'M
dertake to add seven stories to the Lick
House, continue the work at North Beach
and otherwise spend the entire income
While they are doing SO the heirs are to be
satisfied with explanations, while the trus-
tees reap handsome commissions and main
tain their big percentages.
"In our contest we will call attention to
the peculiar construction of this document
in some other respects than have been in
dictated. For instance, Angus and Bresse
are given 1000, provided they are in the
employ of the testator at the time of his
death But in making them executors