The record-union., 1897-01-07
JUDGE PREWEIT'S DECISION.
He Removes Philip Oppenheim a
Trustee.
And Declares That He Cannot Find
the Deed of Trust to be
Fraudulent.

Judge Prewett has rendered a de-
cfsion in the suit of Louisa Oppemheim
against her children, which was tried
before him about a year ago, the de-
cision relating partly to the cross COM
plaint OF Emanuel, which asked that
Philip be remo5 eQ as trustee.
The decision as rs follows:
This is an action brought on the
equity side of the court, by Mrs. Louisa
Oppena1ein. plaintiff, against her chill
oren, the defendants, ito set aside a
trust deed executed by her to her son
Philip Oppenheinl.
The evidence taken before me shows
that r. Oppenhein, the father of the
defendants and husband of the plaintiff.
died some years ago, leaving to his
heIrs an estate valued ait a little over
SIoO,OOO. He left q will. butt it was So
obscurely drawn that Its meaning lis not
clear. and ia order to avoid litigation
and trouble the mother and all the chill
0ren agreed that the whole estate
Should be distributed by the Probate
Court to the nboitl1Hr, to the exclusion of
the children, and that thereupon she
should convey the whole estate bv decd
of trust to her son Philip. who sbouId
thereafter handle 1t during her lifetime
paying to her the whole income and
at her death should convey it in eoual
EhareS to the three children above
named.
This agreement was carried into eff
feet so far as the execution of the trust
deed was concerned and apparently the
mother has received the income from
the property up to a few years ago
when various Observation-Disclosures arose
as 20 1tS management and disposition.
The deed of trust is bitterly assailed
as fraudulent but the court lis ait a
loss to see wherein the charge Is sus-
6alraed, and upon that issue the court
hnds in favor of the defendants and
upholds the validity Of the deed.
Not only is there no evidence OF
fraud in the procurement of it's execu-
ttcsn, but so far as the facts can be at
this time disclosed to the court, 1t ap-
peared to be a very wise and prudent
agreement for all the heirs to make
barring the one fatal imprudence OF
not exacting any bonds from Philip fol-
the faithful performance of the duties
of the trust. This omission, however
was only a business irnprudence, and
the deed void
Defendant Emanuel Oppenhein asks
the court to remove Philip from his
position as trustee upon general
grounds Of unfitness, inprovidence, in
solvency and neglect of duty
This application ought, beyond any
question whatsoever, to be granted by
the court.
The evidence disc1oses the fact that
the estate is now reduced to about $50,-
600 in United States bonds and city
lot and residence In the city of Sacra-
nento. The disposition of the balance
Of the estate casts no reflection upon
Philip, as 1t appears to have been from
time to time distributed among the
heirs by mutual agreement
Among the many sensational events
that have characterized this contro-
versy, the most striking one is the
flight of defendant Philip Oppenheim
from this State to the city of Toronto
In Canada, with the whole amount OF
the bonds, leaving his aged mother pen
nileSs and hungry.
Notwithstanding this n1onstrous and
unnatural crime he has the unparalleled
effrontery to send back word through
his attorneys TO this court that unless
the court shall retain him as the trus-
tee of this fund he will never return the
bonds to this State.
This defiant elimination of his un-
speakable crime IS an insult to the ma
jesty Of the law and to the principles o1
human and divine justice.
''It Is almost tnconceivable that intel
iigent counsel should, In a civilized
community and before tribunal Of JUS
tice, argue and vehemently urge that
this unnatural son should still be re-
tanned as the custodian of his mothers
funds. He argues that If Philip is re-
moved he viii always remain away
and will never return hts mothers for
tune.
but a court who could be Influenced
or deceived by such a travesty upon
reason would be unworthy to dispense
justice.
IF he would egnbezz1e her funds and
fee with them to a foreign country
leaving his mother absolutely to starve
unless fed by charity. 1t would tax the
credulity Of this court to suppose that
at some future time he would change his
mind and voluntarily return them
IF contrition Is seizing upon him Il
may earnestly be hoped that it vii
make such headway as to induce hin
at least to send to his mother the In
come from the property to appease hel
hunger during the few remaining
months that she viii be spared.
Not the least nonstrous of his acts
is that Of adroitly turning her un-
uuencha BILE mother-love into an enginf
for her own undoiug. Acting on tht
spur Of the moment her friends pro
cured his acts to be brought to the at
tention of the Grand Jury of thi:
county, and that body indicted him FOL
a felony upon which 1t was hoped tha.
he might be brought back by extradi
tion and punished for his crimes.