The evening times., 1896-09-30

San Francisco, Sept. 30-The superior
| court has been asked Go determine whether
| George Croker has been sober man
| during the past five years. Upon Che de-
| termination OF this question depends tht
legal right t,f Crocker to fortune Of more
than $500, ,0o0.
/, George Crucker is the son of the late
| ChuileS CrCckcr. Pecausc Of his cissipJted
habits he was excluded from receiving lis
| share OF his fathers estate under his
! fathers will. A Gow develops, provision
| was made for him in Il different way.
| The question as TO Crocker's sobriety or
| lack Of soLriety is submitted for judicial
| deter mination.
The plaintiffs in the action are Charles
+. Croker and william II. Croker, ms
| trustees OF Il trust created by their father
| on April 90, 1857. The defendants are
| George Crocker, the beneficiary of the
| trust. and the miner children of Charles
| +. and william II Croker. and Harriet
| V. Alexander, the only laughter of Charles
| Croker.
TERMS OF THE WILL.
The COMPLAINT shows trat the Plaintiffs
held I'm trust 40 81 eco bonds Of Ihe South
ern Pacific Branc h Railway Company.
They received tie bonds under an agree
ment which has teen in force ever since
the death OF Charles Cracker. which &C
CURED oh August IA. 1888. Under the
agreement they were given power to
handle the property free from any order
Of court and To receive and invest the
income as the deemed best. The complaint
continues:
Add said written agreement further
provided and provides that if at any time
rithin fifteen years after the death OF
said Charles Crocker the said trustees or
their survivors or SUCCESSORS shall be
satisfied that his son, the said George
Crockcr, shall, at any time after the said
22d day OF April, 1857, for tie space Of
five years continuously abstain from the
use OF spirituous, vnous and malt liquors
| to the extent that he shah not during such
period have h5cn intoxicated, then at such
time the whole of said trust property, with
the Interest thereon and the income there
Of, shall vest in and tccCme the property
Of the said George Crockcr, and that the
said trustees and IheIr survivors and
successors shall thcreupon assign, trans-
fer and deliver the same 10 said George
Crockcr."
Ii was further provided that should
George Crocker die without fulfilling the
condition of the trust, or fail. for any rca-
son, 10 observe such condition, the trust
property was 10 go IN equal shares To the
| children of Charles F. and william H.
Crocker and Mrs. Alexander
SOBERED Up IN 81
Although Charles Crockcr died in 1SSS.
George Croker for several years mad.
no effort to meet tie condition imposed
by his father. His start oD d caIeer Of
sobriety was made ou September % 1891,
TIE five years were up last Tuesday.
George now declares that he was sober
during tt, entire time, and has made Il
demanf s.ipon his brothers 10 he placed in
possession of his properly which they hold
10 trust
The plaintiffs say in their complaint
that they are willing and ready 10 deliver
the property, They have been advised
huwever that the defendants have a right
To question Georges declaration OF his
sobriety- For that reason they are IN
able to make delivery except at great
personal risk. which they do not care TO
assume, and hence their application TO
the court.
The plaintiffs ask for Judicial finding
that George is entitled to his property.
If such finding j. had, they ask further
for a judicial decree scttliDg and APPROX
ing their accounts and authorizing iume-
diate delivery and conveyance of the
property to the beneficiary OF III cirust.
Reference is made in the complaint to
the will of Croker dated May .. SS7. BY
this viii the residue of The estate was be-
queathed to the widow. Mary a Crocker.
and his SONS, Oh arles F. and William H.
Croker. An agreement, made the same
day, excepted fIom the residue the prop
erty which had previously been conveyed
in trust for George Crocker.