The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-02-20


ing his natural life, and upon his death my
said trustees shall divide all said share and
property equally, share and share alike, be-
tween Henrietta, his wife, If she be then living,
and his other living children, and the repre-
sentatives of his deceased children, the diyis-
ion between children and representatives of
deceased children to be made per stripes and
not per capita, and his said wife, if living to
receive the same share as each child. Il is my
desire that my said son, William W,
shall continue the management OF said
farm or ranch, and that my said trustees
shall consult fully with him and give his
wishes due consideration IN such management
as he has good iudgmnneInit II at any time dur,
trustees shall agree that said trust shall cease
and that all or any part OF such share and prop
erty shall be conveyed absolutely to said VII
liam W, then, upon such agreement being
made in writing and signed by my said trustees
and said William w, said trustees shall imme-
diately convey and transfer such share and
property or such portion thereof as may be
specified in said written agreement to said
William w, to be thereafter held and owned
by him in fee simple absolutely free and clear
from the said trust.
5. The said trustees are authorized and en-
powered to pay all taxes and accounts which
may be lawfully assessed against any of said
trust property, or any property in which the
same may be invested, or reinvested to effect
insurance on the same and generally to pay all
expenses which are necessary. and proper in
the management of said several trusts.
q. Any balance OF the income of any of the
said several trusts, remaining after all the
necessary and proper payments have been
made, shall also be invested by said trustees
and shall be added TO and constitute part of
the particular trust fund out of which they
| arose and to which they belong.
z. For the better execution OF the several trusts
herein created, my said trustees, the survivors
and survivor OF them, are hereby authorized to
sell, either at public auction or private sale,
any property, real or u, personal, belonging TO
upon such terms as they may deem eXpedient,
and deed, assignment or transfer executed by
my SAID trustees, the SURVIVORS or survivor OF
them, shall vest in the grantee therein named
both the legal and equitable title of the prop
erty thereby conveyed, assigned or transferred
s. In case of the death, resignation, inability
or refusal to serve of either of my said trustees
1t shall be the duty OF the other trustees or
| trustee to apply to the proper court in the city
and county of San Francisco for the appoint
ment OF a successor to the said trustee so re-
signing dying or refusing or being unable TO
serve, and failing the said survivor or sur
vivors to do this, any beneficiary of said trusts
or any or either of them, may make such appli-
ton, and q new trustee or trustees shall be
appointed by the said court IN the place of him
or them SO dying, reslgnlng, refusing or unable
TO serve. No such trustee so appointed shall be
over 40 years Of age, or, except my son, Sher-
man P, in any way related to any beneficiary
under this will, and upon such appointment
ali the trust, estate and property, OF every de-
scription, then in the possession and control
OF the then acting trustee or trustees, shall be
vested in them, the said new trustee or trustees
so appointed; and they together shall stand
seized of the same, upon the same trust and
for the same purposes and with the same pow
ers as the trustees herein appointed, and the
like proceedings may be had, and with the
same effect, in OF death, refusal to serve or
! incapacity OF any new trustee, as hereinbefore
directed On the case OF the first vacancy in
the Office of trustee it is my wish that my said
son, Sherman p, be appointed to fill such
vacancy.
8. In dividing the said residue among the
various trusts my trustees need not convert the
whole of said residue into money, but may
value the several parcels real and personal
and divide the very property itself, being careful
that each beneficiary share shall be fairly dealt
with. Whatever my said trustees are hereby
authorized to do may be done by their sur
vivor or survivors, successor or successors, the
same as if 1t had been so hereinbefore stated in
each instance.
Tenth hereby nominate and appoint Van
derlynn Stow, Albert n. Drown and William F.
Herrin the executors OF this, my last will and
testament, and direct that they shall not nor
shall either of them, be required to give any
bonds or bond neither as executors or trustees
or for any proceeding, act or thing taken or
done by them hereunder, or under the trust
hereby created Heither OF any said executors
should not Tor any cause qualify, or should re-
sign or become incapable, then 1 appoint my
son, Sherman P, executor in his place.
Eleventh. hereby authorize and empower
my executor to sell any or all OF my property,
real or personal, whenever in their discretion
they deem it necessary to carry into effect the
provisions OF this will, without the order of
any court whatever, therefore
Twelfth hereby revoke and annul all other
and former wills by me made, and publish this
as my last will and testament.
In witness whereof have hereunto set my
hand and seal this 18th day OF February in the
year OF our LORD, one thousand eight hundred
and ninety-one. Wv. STew.
The will is witnessed by Max Pepper and
Edward w. Dunphy.
The property is said to consist of real
estate in San Francisco, Alameda, Butte,
San Luis Obispo and Nevada counties, be-
sides personal property.