The San Francisco call., 1896-08-02

purchasers OF the railway stock.
=, VI TINS, according TO the stipulation on hle.
462 so. and to the child 1921 20. This leaves
a balance of $344, 1863 SO.
amount that can be used in charitable
, .eghc,les-Ail ,l iegacies have been PAID except
ine cnarltable iegacies, including the hequest
Ior a FOUNTAIN. What amount can be devoted
70 these legacies? Under section 1913, G. c.,
~ II Is ADMITTED that they cannot exceed one
snlro OF the estate, and that to the extent they
do so exceed it they are void and the excess
must go IN this case to the heirs, VIZ, the wife
ana chlid. Attention is given to the meaning
OF the words "One-third of the estate OF the
testator" The opinion In the estate OF Hinck-
ley, supra, holds that the testetor can give 10
cnarlty not exceeding one-third OF All the
Gt which he had sne e oa
ha.i OF the community property.
TO ascertain the amount of dispose BILE assets
", we must add to the $S44,9 ,969 68 remaining on
hapd" the amount already. paid to general
!egatees, VIZ $l20.47S A, which gives us
totai OIL $465, ,448 0S. Not exceeding one
third OF this can be devoted to charitable
iegacies' viz: $l55, lac 36.
AS regards the fountain monument trust
Judge AngeiotIi argued fully and very
clearly the status of the bequest for the
public fountain at the intersection OF
Bush,.. Market and Battery streets, San
francisco. The will gives 'sfor public.
fountain, dedicated to mechanics, In men,
orysof my father" $50, COO. The court re.
grets that he must hold that this is be-
quest for charitable use, for 1t would be
ialrer to all that portion of the expense
should come from others than the charlta-
Bile societies.
The court does not allow that this legacy
must abate proportionaIly with the Others as
then the legacy would fail altogether, q
$2o 600 structure only being provided for. II
rneIeiors e should be regarded as preferred ana
this II can easily be corrected on appeal The
full sum of. $25 900 will be distributed to Bur
gin q McGiynn, in trust, to carry out this Pro-
This leaves available for the other charities
$3.50, 149 S6.' The testator gives to st. VIM
cents Orphanage of Marin County, SIC, ,OO0i
Roman Catholic Orphan Asylum OF San Fran
cisco, 10000; Archbishop of San Francisco,
In trust, 20 be divided among the Roman Cath
one eharitable institutions OF san FRANCISCO,
100000; and also TO each OF the orphan asy,
1ums OF San Francisco not heretofore named
$5O0O Continuing the court says:
Ihere can be no doubt as to the YaIidity OF
the claim OF frst, the. Maria Kip Orphanage,
third, San Francisco Orphan Asylum. The
fourth. the ST. Joseph's Infant Asylum, is also
allowed; so is the san Francisco Ladies Pro-
tectiye and Relief Society. he Bishop Arml-
Girls directory Orphan Asylum;. the san Fran \
cisco Nursery for Homeless Children, the st;
Francis Technical School, the Boys and Girls
Aid Society and the Youths Directory are smut
out, not having been orphan asylums ID the
true sense at the time of the testator's death:
This gives us five institutions, each OF when
is entitled TO come in as an "orphan asy lum Oh
san Francisco" To each of such institutions
is given $1,000 making $25, 900.
. Ihus we have $165 600 in general Charitable
legacies to provide for and only $3.50, 149 80
to DO 1t with. This would give TO each OF the
legatees S7SS7 "a on It's legacy. such per-
centage will be given the following named
charitable legatees, TO wit:
Pacific Hebrew Orphan Asylum. 49,. s3,943 90
San Francisco Protestant Orphan Asy- 80
San Francisco Ladies Protection and Re
heI soclety.s.....-.. o,S4o 10
The other charitable legstees are all affected
by q stipulation by them with the widow that
for purposes of distribution two-thirds OF all
the property of deceased should be regarded as
community property. Under this the charities
affected obtain only .652S96 per cent OF their
legaciesi viz:
Maria Kip orphanage. 3,264 48
ST. Joseph's Infant Asylum. ...... S,264 45
81. Vncent's Orphan Asylum. 13.057 s2
Archbishop OF san Francisco. -. b,2S9 50
This makes total TO the Archbishop and
these institutions of $109, 766 IL.
The gain to lhe widow by the stipulation is
SIC, 1888 20, which must be distributed 10 her
This leaves residue in cash of $149, $40 80 to
be divided equally between Belle w. Sprague
and isabel Donahue, minor. $74,910 16 TO
each. And also an undivided half OF the prop
erty other than cash to each of said heirs,
$1,000 10 be paid out of the minors share to
H. wilkins, her guardian al litem.
Summary-The amount of cash remaining in
the hands OF the executors is disposed OF as
follows: -
Expenses of administration and fam
To Belle w. Sprague. two thirds OF one
half of community property..-....-. 10.462 so
To Belle W. Sprague, gain stipula-
ton, certain charities ............. 2o.ss3 20
To same, residuary- 74,9lO 16
To Isabel Donahue, minor, oue-third i
of mothers share community 5,2s1 as
To same. residuary ry........-.......... 71,e10 l6
To II. Wilkins, her guardian ad iiten, 3OuO 0O. !
To j. B. BurgiD and j. p McGtynn, in
trust for fountain monument .... $4,000 90
To st. Vincent's Orphan Asylum. lS057 go
Archbishop of San Francisco, IN trust, 65 ,2S9 so
Maria Kip Orphanage. .............. 3,264 4S |
81. Josephfs Infant Asylum. ......... 1884 4S
Pacific Hebrew Orphan Asylum....... 3,943 90
S, L. Ladies' Pro. and Relief Society. 3,943 90 |
Total. al..............~.......&..- s4l2,242 II |
1t WAS stipulated with the executors
that before the minors portion is paid |
over tho eourt 10 10 rare r1rof,