The San Francisco call., 1897-04-01
ATTACKING THE
WILL Of AL DR|CH
His Son, William Holt
Aldrich, Sues for
His Share.
Claims a Quarter of the Residue
of a Very. Large
Estate.
Alleges That a Trust Which the
Testator Attempted to Establish
i Invalid.

William Holt AIdrich, by his attorneys,
W. 81. H.. Hart, Clarence w. Ashford,
Aylett R. Cotton and Robert W. King,
yesterday filed suit which is il fact a
contest of the will of his late father, Will
liam A. Aldrich, who died in Alameda
County, February 25, 1892.
The defendants named in the action are
Annie Aldrich Barton, Helen Aldrich
Dunning Joseph NJ. Quay and Arthur A.
Smith. as trustees under the last will an d
testament of William A. Aldrich, de-
ceased, Annie A. Barton, Helen A. Dun
ming. George A. Aldrich, Willard 7. Bar
ton, William G. Durning. May c. Al
drich, Helen II. Aldrich, Bernice A. AL
drIch, Ailene K. Aldrich. William Arnold
Aldrich and Swinton D. Aldrich, ali of
whom are claiming interest in the estate
of the late William Aldrich, the value OF
which is estimated to be worth about
81, 900, 600.
The catalogue of real estate and personal
property includes the following:
Cash. $1,000; 1000 shares of Savings and
Loan Society stock, 5421 shares of the South
Feather and Union Mining Company. 435
in the Merced Security Savings Bank, 800
shares in the Bank OF California, 80 shares
in the San Francisco Gaslieht Company, 534
shares of Great Western Quicksilver Mining
Company. so shares in the California Powder
Works, SOL shares in the San Francisco Tool
Company, $50 shares In the Merced Gas
Iead @ pAS' Works. 10 Shares in in the Pa.
cific Surety Company, 100 shares of the
Presidio and Ferries Railroad Company
1000 shares in the Alaska Coal Company; 5
shares in the Golden Gate Publishing and
Print Company; 10 shares in the Nicar-
aqua Canal Construction Company; 10 shares
of the Maritime Canal Company of Nicaragua;
$1,000 worth OF Consolidated Piedmont Cable
Company bonds; promissory note for
$40, 900; several hundred head OF livestock
and implements on a ranch near Athlone-
ton and Pacinc Streets on Sansome near
Broadway, Mission near First. on Army
in the Abbey Homes tead. San Mateo County,
and big ranch in Merced County.
Mr.. Aldrich bequeathed $1,000 to his
friend Charles H. Brunage, $500 to Jennie
Doug gherty, $500 to the Fablola Hospital,
100 shares of stock in the Savings and
Loan Society to his daughter, Helen A.
Dunning; the family residence at Pied
mont to his daughter, Anna A. Barton
and his silverware to his son, William
. Holt Aldrich of Hon olulu.
The point involved in the suit is that
| William A. Aldrich attempted by his will
to establish a trust contrary TO law. to the
detriment of the plaintiff in this suit, con-
trary to the law of California as explained
and established by the Supreme Court IN
the well-known Walkerley estate litigation.
The trust attempted to be established is
specially mentioned in the ninth section
OF the will, which bequeaths in trust the
residue OF the estate to Trustees Annie A.
Barton, Helen A. Dunning, Joseph NJ.
Quay and Arthur A. Smith, with full
power for them to control the same, sub
isct to tho restrictions set down in the
will One-fourth of the estate and profits
| are directed to be paid to Annie A. Barton
To Helen A. Dunning. One-auarter was
given in trust for the benefit OF his son,
george A. Aldrich, an inmate of the Napa
Asylum for Insane.
When it came to William Holt Aldrich,
| the plaintiff in this suit, the restator pro-
proper education OF the children OF said
William, and that they should pay to him
the remainder OF the profits and income
on one-iourth of the estate during his
natural nie, but that he should have no
power 10 anticipate or mortgage or in any
way lncumber his share OF the income,
| and his children are to succeed him in
interest under like restrictions.
1t was further provided in the will that
ii at the date OF the death of said William
all Of his children shall not have attained
the OF "a years then the payment OF
their share shall be postponed until they
shall attain that age. If none of his
children survive then the one-fourth share
here considered shall pass to the other
heirs at-law as part of the residue of the
estate of the testator.
The plaintiff shows to the court that he
Is the son of William A. Aldrlch. de-
ceased, and one of the heirs at-law, and as
such heir he acquired by succession on
the death of his father absolute title to
one-fourth of the estate of the decedent,
and particularly OF that property desert be d
in the ninth section of the will which was
| attempted to be distributed to the de-
fendant trustees. He says that the trus-
tees here named pretend to have right