New-York tribune., 1896-02-06
L G HRES 81


W : GOODFELLoW. J. : ANUS.
THE TRUSTEES UNDER THE FAIR Will"
and void. and the purpose 4 the testators. both
Fair and Walkcrl,, was parallel Thus 1t ap-
pears almos, certain that tie celebrated case
which has been for months nlllng the columns OF
Pacific coast Journals 's at last approaching ad-
iustment I'm a manncg that most people Will con-
slider amply just AMI fair
WORDING or THE TRUST CLAUSE.
It may be interesting in view OF the present
situation, 20 know exactly what the late senator
from California deemed the part o' wisdom IN
the handling 4 his estate What has come to
be- known as tho trust clause" was the seven
teenth in his will. and II recited:
DO hereby nominate and appoint as the execu-
tors of this my Will. and as the trustees tnerfpy
and therein created and declared W ; GoodieH!om
OF san Francisco, attorney ana codhs' -ht-'IM
james : Angus. ~ San Francisco. no" IN my en- en-
poy: Louis c. Rresse. also ~ san FRANCISCO, @ HOW
in my employ and Thomas q. NrothcrS' my nepneW
and | do eXuross.y provide that no bond or pohfS
be any time required OF them OF any "i ''c'" 10
I d, hc~cby authorize anl empower my sa'd
executors and trustees. or such Oh t.S'm tt as hir
act and their SUCCESSORS In oihce eitn'r IN tm".'
caracify as executors trustees, 10 sell any prop
cr,y OF my estate. real or Irrso"I' -. a tbny
private sale and with or without notlSe' a. 'nry n,
may determine and without the orler o' any t or"'
and good and valc conFrla,l'o I -;
nrorer,v and - purchase or acquire other prop
crty or to apply the proceeds OF sal,s o. L.'p,s
TO the Improvement Of other properly, 40" ~ '. @
and to borrow or lend such sums or money
a. they may deem best. and To secure & .'' cp'o Or
uent Of loans 10y mortgage OF "lnci " is' , ~, ,nake
transfer ~ real or personal property als1 TO mar
compromises and scttcmcnts aIso 10 ,,srim or
Harl, in The Laurel lin Cemetery IN san Francisco
ard for such purposes ana any "T apnv so much
OF the trust estate as may be necessary
THE DECISION IN THE WALKERLY CASE
II does not need any explanation to illustrate
tho extensive character Of the powers mere pe-
slowed and It was in passing upon an opinion
upon the almost similar conditions o. '''
Walkerly will case that the Supreme court "7
cided adversely. The lecision was Dased upo"
Section III of the civil code:
The suspension Of all power TO aliena tne e
of trust other than power - eAcn"'Sr Sc, 81 'o or
~ sell II ana renvest the proceeds 90 be heli upon
the same trust. u susI,rn'',," J., st,ion ~. 7lss
alienation within the meaning oi '''''o" no.
The argument of the court was most elaborate
and convincIng and the trust clause was set
aside on the basis that it led to trust In per-
notu,tv which 10 + barrier not To be surmounted
II should perhaps be explained that TINS trust
clans. was fornd in the first WILL which was dated
Sentember 81 1884, The second Will was written
in pencil and bore date three days iatTr' 1. mas @
come to be known as the craven VIII p.o"u W
left In care OF Mrs. Craven Reieteh,e 70 M t.'e
record however shows that the contest OF nrs
Oelr.chs and Miss Fair was based upon ''c III
will found. although under ordinary co,Ine ', y,
procedure the last will would have been admitted
TO probate first They We're almost siiIiIa, !"
character and the daughters. having Hu'uai ~,
tcrests decided under advice OF counsei, 20 at
tack the trust clause embracing the main con-
tention 1t may be remembered thht tne contest
was primarily for possession OF the Lake House
This was merely a divisional attack. Tor as wen,
the decision In piece OF property so must 20
tho entire estate Charles l.. Fair the son. pinned
MS faith 10 the Craven VIII. but II the uus,
clause is finally broken he VIII come IN snare ana
share alike on the original docun ent.
4 GUARDIAN FOR HERMANN OELRICHS. JR.
A peculiar phase OF California law 10 also
found TO exist when II comes to defining the
position Of the fve-year-old son of Mr.. and Mrs.
Hermann Oelrichs or Hermann Oelrichs jr The
irreverent gentlemen out on the Pacific Coast
have been having a deal Of fun with the young
ster and his quondam guardian ad litem. ex-
Justice Van H. Patterson. The courts or the
State virtually remarked to Mr.. Oelric' that
he was not competent to guard the interests OF
~ own son. but they did 1t In such naive.