davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-03-25

is to the second cause of defense set up in
answer, and is on the grounds that 1t does not
state facts sufficient TO constitute defense.
The will provides as follows:
tShould my death occur before the expira-
ton OF the leases of my landed estate, desire
the firm of Z. B. Mastick Esq and his part
OF rented lands are Cancelled l desire the land
to be sold high lands and tules, with all i'm
provements. to the best advantage. Hugo
Huger Toland (my SOM to receive one-hait OF
the money"
If this creates a trust then 1t is device in
restraint of absolute alienation. A trust is an
equitable obligation, and is either express or
may be implied, resting upon person by rea-
son OF a confluence reposed in him, to apply OF
deal with property for the benefit of another.
The will produces abundant proof that the
testatrix had great confidence in Mastlck ana
his partners.
So much confidence did she repose in the m
that she left all minor details OF the eXecu-
tion of her will to them. She intended they
should collect the rents due on the leases ana
account Tor such rents She provided lor CIV
ing Mastick $1,000. and declared tn at MS nrm
should be literally compensated for its legal
services in settling the estate.
Evidently the testatriX's relations with the
firm were very confidential think there can
be no doubt but what she intended the rents
should be accounted for. Inc oDlgation
rested upon Mastick and partners Tor the oene,
tit OF the devisees The power to collect ana
receive rents constitute the person so ap-
pointed trustee, and the instrument py
which his appointment is made trust, ana IL
would seem TO be wholly unnecessary TO use
the words "trust'' and trustee"
The testatrix evidently intended that her
rents should be collected until the termina-
ton of the leases, when the lands should be
sold and the proceeds applied as she had
directed. She thus imposed upon Mastick
and partners the obligation of carrying out
her wishes. 1t is evident, also, that she never
intended 10 give her heirs any interest what
ever in her real property.
| am unable to discover any real difference
IN principle between this will and the one
passed u pom in the estate OF Waikerley, 108
Cal, 629. In the latter a specific mention
was made OF q ''trust," and trustees were ap
pointed and named as trustees. The real
estate was devised to them to be managed
and to pay from the income certain devisees,
and at the end OF Twenty-Five years, at least, to
sell all the trust estate and distribute the
proceeds.
In the Toland will the testatrix directed
that Mastick collect the rents of her real state
then under leases until the expiration of the
leases, end then the land was TO be sold and
the proceeds distr ibuted. Presumably the
leases terminated at a fixed and definite time,
and before which time no alienation could be
made any more than could be made In the
Walkerley estate before the expiration of the
twenty-five years.
But 1t is argued here that trustee, lessee and
heirs could unite in conveyance at any time
and thereby make an absolute alienation of
the property; or the trustee ana heirs could
But the complete answer TO this seems to me
The San Francisco call., 1897-03-25
The Ex.Congressman Passes
Away After a Long
Illness.
Was a Pioneer of California
and a Leader of the
Democracy.
First G1ined State. Wide Fame AS
Counsel for Vasquez and
Moreno.

GILROY, CAL, March 24.-Hon. Pleas
ant B. Tully. ex- Congressman of the Filth
District, died this evening at his home In
this city after a long illness. Pe was q
pioneer OF this valley, having arrived here
in the early fifties. He married Mary A.,
daughter of the late pioneer. julius Martin.
Pleasant B. Tully was a native OF Hen
derson County, Tenn, born March Il,
1929. He completed his education at
Reefs Academy in 1S49. In 1859 he was
elected Justice of the Peace of Gllroy
Township and commenced the study OF
law. He was admitted to practice in 1868.
AS criminal lawyer he gained local re-
nown, and as the counsel of Outlaw Vas
quez and the noted Jesus Moreno his fame
became State wide.
In 1879 Mr., Tully was elected delegate
at large on the Non-Partisan ticket 10 the
constitutional convention and in that
capacity maintained his character for
frmness and high principle. Throughout
his life he had been a consistent Democrat
and in the last campaign, when Eugene
Deuprey delivered all address shere, he
acted as chairman of the meeting, receiv-
ing fattering ovation. In 1882 he was
elected to Congress from the Fifth Dis
trict and served his constituents with
honor to himself and his party. He was
versed in the intrlcacies of law, was an
eloquent and bic speaker and deep
thinker and had profound knowledge of
the science OF political economy.
In later years Mr.. Tully had retired to
private life, and during the past five years
he had not been well man. His advice
was always sought in all legal matters and
by politicians. As a leader of the Dem
ocracy he was great power in this end of
the county.
Mr.. Tully leaves a wife and two chill
dren, Lizzie p, the wife of Hamilton J.
Higgins of San Francisco and Mary Lee,
toe wife Of Supervisor George e. Rea. The
news of his death was expected, as he had
beea failing rapidly the past TWO weeks,
but it has cast gloom over the city. The
funeral will be conducted by Keith Lodge,
F. and A. NJ. No. 1877, of which he was
charter mem ber.
The San Francisco call., 1897-03-25
a Fortune.

with Hugo Toland the estate left by his
grandmother, consisting of about $500
acres near Toland Landing, in Solano
County. and valued at about $500,
Master Toland, " no is now in New York
with his mother, commenced suit by his
guardian. Samuel NJ. Shortridge, in this
county, to recover one-half of this rich
estate.
The case, the decision of which gives
this youthful itigant handsome fortune,
had been pending for several months De-
fore Judge A. J. Buckles of that county.
1t will be remembe that Mrs. NJ. B.
Toland, widow OF the laie DR.. Toland, died
several years ago at the Occidental Hotel
in San Francisco and left document pur-
porting to be her will, in which she under
took to dispose of her estate.
Had she died without leaving will, her
son Hugo and her grandson William
Gridley would have inherited the estate
share and share alike. It was with con-
siderable surprise that the announcement
was made that she had left to her little
grandson only $1,000 of her vast estate.
Owing to the fact that the boy is the
granddaughter of Samuel M. Shortridge.
that gentleman caused himself to be ap-
pointed his guardian and Instituted pro-
ceedings to contest the validity OF the al
legged will.
Mr.. Shortridge contended that the will
undertook to create a trust and that
the trust was void, and to test
this point he filed suit in
this county in which he alleged
that William Gridley Toland was one of
the two heirs-at-law of Mrs. ToIand, and,
as such, was the owner of an undivided
half of the big Toland ranch.
This suit was similar to that commenced
by Charles Fair TO test the trust clause in
the Fair will.
The executors and legatees under the
alleged will of Mrs. Toland we're repre-
sented by several firms of lawyers. Will
son & Wilson represented Grace Episcopal
Church, which claimed $500 legacy Major
John B. Mhoon represented certain
brothers and two deceased sisters of Mrs.
Toland and E. B. and George H. Mastick
represented those who were given lega-
cies, as we'll as the executors
The matter was submitted to judge
Buckles last Decem Der, and he has lust
rendered an opinion sustaining
the position taken by the guardian
of young Master Toland, and
holding that the trust attempted to be
created BY Mrs. ToIand was utterly void,
and that the grandson was entitled to hall
the property.
In the course of learned opinion on
the subject of trusts, on the demurrer in
terposed by the plaintiff to the answers OF
the defendants on the motion 10 strike out
the answers as shown, Judge Buckles said :
Opinion sustaining demurrer to all the an
swers and granting motion to strike out.
This is a suit TO quiet title.
Plaintiff claims title TO one-ha,f of certain
real est ate as The heir of Mary B. Toland, de-
ceased, and alleging that the defendants claim
some interest therein.
All the defendants answering deny that the
plaintiff has any interest in said land except
such as he acquires under the will of said
Mary B. Toland, and defendants set up claim
of title under said will also in their second,
separate and further defense. The demurrer
The San Francisco call., 1897-03-25
WILL J0W STAxf0RD's FACULTY.
-Four Professors Engaged TO Teach His
tory, Politics, 8ota1y and
DrdWi1o

STANFORD UNIVERSITY, CAL,
March 24.-Dr. Jordan, who ON his recent
trip visited number of the leading East.
ern colleges for the purpose of selecting
suitable men for the university, has an
nounced number of additions to the
faculty.
Clyde A. Duniway is to be assistant pro-
fessor of American history. Mr.. Duni-
way is native of Portland, Or He was
graduated from Cornell University in the
class of 1893. He has since spent three
years in graduate work in Harvard Uni
versity, where he is soon to take the de-
greet of PHI. D. in American history. He
has travelled one year in Europe as the
private tutor of the son of Ell. c. Frick.
For the past year he has been engaged as
an instructor in Harvard in charge of the
classes OF Professor Edward Charming.
Next wear, in the absence of DR.. Howard,
Mr.. Duniway will give his courses in
American history here.
Edward Dana Durand, who has been
appointed assistant professor of politics
and administration, is a graduate OF
Oberlin College. He was for two wears
fellow in economics in Cornell Univer-
sity. where he will take his doctors degree
this year. For the last two years he has
oeeh eH pioycu 10 ituidridH ~ the LeSlsla-
ture at Albany, and has published num-
Der of articles on questions of State legis-
laton.
George J. Pierce, the new assistant
professor OF botany and vegetable
physiology, halls from the Phil
ippine Islands. He was graduated from
Harvard in 1898. where he spent three
years more in advanced work under Pro-
fessors Farlow and Thaxter, receiving his
doctors degree in 1896. For the past
year he has been acting professor OF
botany in the University OF Indiana in
The absence of Professor Motter.
Miss Zoe Worthington Fisk has been
selected as an instructor in drawing and
The San Francisco call., 1897-03-25
Do YOU know what the first and
surest signs of premature
DECAY

Are? If you do you will be sure
that you allow none of them to get
even the very slightest bit of
hold on you. You will get good
help as soon as ever you have tired
limbs, as soon as you no longer
sleep well, or you note slight
falling of memory. You will get
something that has for thousands
of your nervous and puny brethren
done wonders. That great RENE
dio-treatment but for which homes
would be desolate to-day that are
bright and happy, asylums would
be more thickIy crowded, and many
hundreds would cease to love and
be loved. You would, in one word.
get and use
The San Francisco call., 1897-03-25
VIRGINIA MINES IN DISPUTE.
Superintendent Ryan Denied Possession
of Hale & Norcross
ProD,r.E

VIRGINIA, New, March A-Joseph r.
Ryan, the newly elected superintendent,
acting under instructions from r. r..
Grayson, secretary of the Hale G. Norcross,
to-day demanded possession of the prop
erty from James Cronan, superintendent
of the mine under the Lynch Fox regime
superintendent Ryan made a demand
upon Cronan in person and the latter de-
clined to yield possession, upon the ground
that he had no authority to do so until so
instructed by w. M. Fox. Superinten-
dent Ryan will notify Secretary Gravson
of Cronan' refusal and await further in
Structions
The San Francisco call., 1897-03-25
So Says Huntington When
Questioned as to His
Policy.
Suavely Declares That He Is
Not Fighting Against
San Pedro.
The Southern Pacific President and a
Party Of Officials Visit Los
Angeles.

LOS ANGELES, CAL, March 24.-Col-
lis P. Huntington, accompanied by III. E.
Huntington and wife, Vice President
John C. Stubs, General Manager krutt-
schnitt, j. d. Miller and others, arrived
here in a special train from Washington
this afternoon. They went at once to
Santa Monica.
AS usual Nj. Huntington was affable,
but he maintained his old-time attitude
of reticence regarding his future policy.
In fact he seemed to know less regarding
San Pedro than any other subject-at
least he wanted to give this impression.
He said that he did not propose to COM
bat the location OF the harbor at San
Pedro, but it was said in such way as to
leave considerable doubt as to his real in
tentions in the premises
''Mr. Huntington" asked a reporter,
1--WE would like to ask you something
about San Pedro Harbor."
"Well," replied the railroad magnate in
the most iovial manner. what is there
new about it? Is there anythings Tell
me. have not kept posted lately"
THE papers say that you intend to
fight against the decision of the Harbor
Board"
"The report of the commission is in the
hands of the department at Washington,
and l certainly do not run the Govern
ment. l have not even read the report.
Tell me-" he asked, "what does it say :?
No. there is really nothing to be said, :"
concluded the gentleman.
But can you not say something about
your intentions regarding the harbor. and
if you propose fighting against the report
of the commission being carried into exc
cution ?'
Il never fight anything. I am one OF
the best-natured fellows in the world.
No ] am not onnosinp anvthincp
The San Francisco call., 1897-03-25
DAN STUART IN LUCK.
He Loses Vohse Stored With Cold, but
1t Is Forwarded to HIS Homo
in 7eY1s

LOS ANGELES, CAL, March 24.-Dan
Stuart-he of prize-hght fame-is not
likely to join the "great army OF the un-
employed" within the next few days. not
withstanding his great losses" at Carson.
Stuart had been guest of the Hollenbeck
Hotel here for couple of days before pro-
ceeding on his way to New Orleans. Ow.
ing to misunderstanding he was late
leaving the hotel to catch his train for
New Orleans. He had mum Der of trans
including a small valise in which was
$1,000 in gold.
When he reached the depot Stuart told
the hotel runner to take the yalises into
the Pullman and then went to attend 70
his baggage. The runner loaded his arms
with the larger bags but forgot ali about
the little valise containing the gold. and
went away leaving this lying on the seat
In the hotel bus. Stuart, supposne that
his money and all had been put unon tn q
train, boarded the cars for home.
Stuart discovered his loss this mornin o
and wired 10 Charles Schroeder of the HoI.
lenbeck asking him to locate the valise
Schroeder this afternoon had the money
expressed to the forgetful gentleman a.
Dallas, Texas. :
The San Francisco call., 1897-03-25
Acc,.,ed OF. Einn,nn

LOS ANGELES. CAL, March 24.-An-
drew Ybarra has, according to charge
brought to-day by his wife, committed
bigamy. Five years ago they were mar
ried, and four children have been born to
them. Six weeks ago, Mrs Ybarra
swears he deserted his home and married
Mary F. Castillon. The District Attornev
has issued a complaint for mis- arrest.
The San Francisco call., 1897-03-25
MANIAC WITH a KNIFE.
erased Lnborer Causes Trouble on a
Ranch Nen1 San sJ0,e

q
Ranch Near San dove.
SAN JOSE. CAL, March "a. - John
Boyd, laborer, who was formerly en-
ployed by M. A. Chapman, an orchardist
on Polhemus avenue, was arrested by
Deputy Sheriff Gardner this morning and
will be charged with insanity. Boyd was
discharged by Chapman several months
ago and went away. This morning he re-
turned and asked for work. He was told
there was none, but he insisted on going
10 work. He started to clean up around
the place, aud when asked to desist DIRE W
large knife and threatened to use it on
Mrs. Chapman.
Deputy Sheriff Gardner went to the
place and arrested Boyd. He still had
the knife in his hand, but offered no re-
sistance. He refused to say anything,
except that the Chapman premises be-
Ioneed to him and he bad right to his
own property.
The San Francisco call., 1897-03-25
Deserted oy HIS Wife.

SAN JOSE. CAL, March "a. - r. D.
Clearwater to-day began suit for divorce
from Nettie Clearwater On the ground of
desertion. They we're married six years
ago in San Francisco. On February Is,
1896, the defendant deserted her husband,
taking an infant with her. Two other
children, aged and years, are with the
plaintiff. The whereabouts of Mrs. Ciear-
water is unknown.
The San Francisco call., 1897-03-25
Wonts Thous ands for a Toe.

Los ANGELES, CAL. March o4.-Tbe
Los Angeles Railway COMPANY is oaferds
ant in suit for damages. Oscar Rnt.
nngton asks for judgment of s1o.oo7 for
INJURIES sustained on April II, 1896, while
1t is charged that the cav ran ioen
wagon on Bnena Vista street. which re-. :
his right loot. WIG oiS 'oe VI
The San Francisco call., 1897-03-25
TRAGEDY 1T BhLLEVUE.
Vatn Attempt of Foman to Prere,
Rer Husbands Suicide.

BAKERSFIELD, CAL, March "a
Emile Robert, for twenty-five years
butcher at Bellevue, one of the Kern
County Land Company's headquarters
ranches, com mitted suicide at his home
early this morning BY almost severing his
neck with razor. Despbndcncy over ill
health was the cause.
Robert requested his wife to get up and
make fire in another room, and after
doing so the woman returned TO her
husband and found him with razor
gashing his throat When she attempted
to seize the weapon be knocked the lamp
from her hands TO the floor, leaving them
in darkness. Mrs. Robert then ran out
side and gave an alarm. Two men who
responded found Robert dying in an ad-
Joining room
The San Francisco call., 1897-03-25
Chnr.rs. e. a,cer, Dead.

SAN JOSE, CAL, March 23.-Charles E.
Ewers, for many years conductor on the
morning train to San francisco, died at
the Eureka Hotel early this morning. His
brother is chief train dispatcher at San
Francisco OF the Southern Pacific system.
Death was due to pneumonia. He leaves
a widow and family.
The San Francisco call., 1897-03-25
Found Dead In HI. Room.

LOS ANGELES. CAL, March 24-Ths
body of /. S. Miller. man about so years
old, was found this afternoon in room in
the Richmond House on Commercl al
street. He is supposed to have died from
heart disease. He has son in Port
land, Or.
The San Francisco call., 1897-03-25
Sudden Death Near Bar,ars.

BALLARD, CAL, March 24.-John Nc
Giilivray. one of the most prosperous
ranchers in the los Alamos Valley.
mourns the sudden death OF his young
wife, who passed awav at their ranch
home-W Wigmore-last week. Mrs. McGil-
livray (nee Henderson, was the only
daughter of Mrs. ]. J. Hobson of this
place, and during her residence in Ballard
was an especial iavorite among a large
The San Francisco call., 1897-03-25
Matte. Sons E,ecs Delegates.

SAN JOSE, CAL, March "a. &C. M.
Wooster and T. K. Fassett have been
elected delegates to represent Observatory
Parlor, N. S. G.. W., at the meeting of the
Grand Parlor which convenes at Redwood
City in April. f. Krumb and T. Lenzen
were elected alternates.
The San Francisco call., 1897-03-25
rETALUMA,s oAMPA1Gx

1tc0 FT0JFe5Sfrc U0WeH ATe CdHUtUute5
for Office.
PETALUMA. CAL, March "a. = The
coming local election promises to be a
hotly contested one, thirty-four candi-
dates being in the field for the various
Offices. For the first time in Petaluma' s
history two progressive women are named
for the office of school Director They
are Mrs. Fanny D. Cassiday and Mrs.
jeanette E. Woodwork and as both arc
ex-teachers they would fill the positions
al m ra bly
The San Francisco call., 1897-03-25
WIN Tot- on a Bond issue.

LOS ANGELES. CAL, March N.-The
City Council to-day voted to call an elec-
tion for April 10 on the question of issu-
ing $270, 900 refunding bonds.
The San Francisco call., 1897-03-25
A LITTLE
BOY WINS
A FORTUNE
William Gridley Toland
Will Have an Equal
Share.
WORTH ONE HUNDRED
THOUSAND.
Judge Buckles Declares That the
Trust in the Toland Will
Is Invalid.
AND THE BOY WILL TAKE ONE.
HALF THE ESTATE.
A Decision of More than Ordinary
Interest to Lawyers and the
General Pubic.
AND THE BOY WILL TAKE ONE
HALF THE ESTATE.
A Decision Of More than Ordinary
Interest to Lawyers and the
General Pubic.

FAIRFIELD, CAL, March 2-William
Gridley Toland, the bright little grandson
of the late Mrs. Fl. A. Toland, has won a
fortune.
Judge Buckles of this county SO decided
to-day, and the boy will share equally
The San Francisco call., 1897-03-25
Sudden Death at P.tar.,,o.

PETALUMA. CAL, March 24.-Jefferson
Thompson, pioneer resident and retired
rancher died at his home here suddenly
of heart failure this morning. A widow,
four children and many friends mourn
his loss.
The San Francisco call., 1897-03-25

If you know nothing of what it
has done, ask for printed proof of
the fact that it stops all drains in
few days; ask for satisfactory tes-
timony that it has cured and made
whole big, strong, virile men by
the score, and you will find it a
free. Doctors advice free, too!
The best
The San Francisco call., 1897-03-25

1t has never yet failed, even In severest
oases. why should it not euro your
Take time by the forelock. Write or
call to-day, and if you are suffering
from blood pois oning of any kind re-
lief Is as sure ss heaven itself.
The San Francisco call., 1897-03-25
At 80 Cents,
At 35 Cents.

MEMS HEAVY UNDYED MERINO
UNDERSHIRTS AND DRAWERS,
shirts fancy silk stitched and drawers
with taped seams, regular value for 65c,
will be offered at 35c each.
The San Francisco call., 1897-03-25
Hudson Medical Institute
Stockton, Market and Ellis Sts.,
SAN FRANCISCO, CAL.
-four SPECIAL BARGAINS
MEMS and BOYS Wear!
At s Cents.

At 8 Cents.
1872 dozen MEMS AND BOYS FANCY
BORDERED HEMSTITCHED HAND
KERCHIEFS, extra large size and in
neat fancy borders, regular value for
81 20 dozen, will be offered at SC each.
At 10 Cents.
About so dozen MEMS AND BOYS ALL
SILK TECK, FOUR-IN-HAND AND
WINDSOR SCARFS fsome slightly
soiledl, our regular price 25c. will be
closed out at 10c each.
At 80 Cents.
81 dozen MEMS AND BOYS UNLAUN-
DERED WHITE SHIRTS, made with
double backs and REINFORCED linen
fronts. regular price SOC, will be offered
at 30c each.
OK
Daily camera., 1897-02-23
A COLD HARD FACT.

A letter has been received by the
Denver Chamber CT Commerce which is
quite unique in its fresh insolence. The
one difficulty however, is that the bitter
truth is contained in the communication,
which reads as lows:
Boston, Feb. II, I897.-Deara Sir-Did
it ever occur TO you, when exuitlng over
the opening up of Southern outlet tor
the products Of the Middle West states,
that as soon as the transccntnentalr roads
got into condition again, one or the other
of them would get control of the Gull
and then divert traffic from it, You can
not control the gulf Immediately, the
East realizes what it IS doing. You
haven't money enough to control any
thing. You have 10 buy all your boots,
cotton and wooden goods, etc, from this
part of the country, and with the profits
made out of you through sad purch ses
YOU can be defeated in every scheme,
mon etary or otherv ise A Boston mer-
chant said to me yeste rday: "Those
Western Cranks furnish US with all the
sinews of war with which we are able 10
lick them. They havc to buy everything
of Us and we control all their money and
heir bankers Should you try to cut
off 200 miles by tunneling the range the
Denver & Rio Grande, the Midland ETC.,
would sop you. You are completely in
the hands of outside capitalists. SIN
cerely, FRED BAKER
Daily camera., 1897-02-23

The climax has been reached in the
Cuban affairs. Weary of the dilatory
measures used by the chief executive,
Inundated by the criminal neglect of the
nation to protect its citizens, Consul Gen.
eral zee has sent notification of his resig'
nation unless immediate aid be despatch
ed to Cuba to relieve the Qniustly im-
prisoned Americans. One of the chief
aims of the government is its protective
capacity, and yet.this government calmly
overlooks its obligations in this respect
and American citizens suffer untold in.
dignities from almost any nation that
sees fit to inhict them.