The herald., 1898-01-17

othy Creede, and I desire that she be
properly educated and supported from the
income II sufficient, and / would Ike her
to live at the house with Maggie in charge
as housekeeper, IL 1t be determined that
the estate left her be considered sufficient
by her guardians and my executor here
matter named to justify maintaining my
present residence after my decease, and
when she reaches the age of rs years,
should she faithfully demean herself, and
grow to be good. virtuous woman, de-
sire her entire estate turned over to her,
until which time 1 desire her entire estate
held by her guardian, he only using the
income and sufficient of the principal to
properly educate and care for said daugh-
ter.
John T. Jones having as my attorney
faithfully transacted all business entrusted
10 him by me in the past, and believing
he will SO continue in the future, hereby
nominate and appoint him the executor
Of this my last will, and direct that no
bond be required of him for any purpose,
realizing the difficulty of any one giving
such a bond as would be required.
Il desire and hereby appoint William
Phifer, my brother-in-law, as the guardian
OF my said daughter person and property.
and desire that no bond be required of
him, only expressing the desire that my
executor and the guardian of my SAID
daughter will deposit in and disburse
through the First National bank of Los
Angeles. and an account of receipts
and expenditures will at all times be shown
oy the books of said bank; and this 1 con-
iider a sufficient check on such representa-
lives.
In witness whereof, / have hereunto set
ny hand and seal this 4th day of January
1897.
(Signed.) IN c. CREEDE
1.-THE foregoing instrument, consisting of
two pages besides this, was on the IN
lay of July. 1897, by the sad N. C. Greed
signed, sealed and published as and de-
,lared to be his last will In the presence
If us, who at his request and in his pres
ence, and in the presence of each other
have subscribed our names as witnesses
WILLIAM PHIFER.
&C. F.-HUNTER."
1t will be seen that under the terms
Of this instrument if Dorothy lives to b.
25 years of age, should she faithfully
demean herself and grow to be a good
virtuous woman" the residue of the es-
tate will fall to her. The condition upon
which Dorothy inherits is rather strin-
gent. Many a virtuous woman does not
faithfully demean" herself under all
circumstances, and who would be the
judge in Dorothy's case? Shakespeare
too, declares to a woman: BE thou
chaste as ice and pure as snow, thou
shalt not escape calumny," and in the
case of Dorothy Creede 1t would be to
the interest of her guardian, William
Phifer, to believe any calumnious re-
port about his ward, even If he did not
take such measures as to ensure that she
would not be able to comply with the
terms upon which the residue of the es-
tate would revert to her. In such case
her interest would revert to him.
OF course Mr.. Phifer may be very
high-minded and estimable gentleman,
but the law does not view with favor
generally any man as guardian for g
young girl, who would profit by her
ignorance or wilfulness.
And If it should develop that Dorothy at
25 was not all that William Phifer deem
ed proper, the court might be called up
on to hold an inquisitorial investiga-
tion into the girls private life and gen.
eral virtuous conduct. Then surely the
acme of absurdity would be reached.
On the other hand, if Mrs. Creede sue
ceeds in breaking the will by proving it
a forgery the child Dorothy will bene-
fit to greater extent than If the will
is sustained. In the latter case the resi-
due, after all bequests are paid. will not
aggregate more than half of the re-
naming estate, to be liberal. The Tally
Ho stables, left to Mrs. Phifer Creede's
sister, is by far the most valuable piece
of property included in the estate, and
with that disposed of the shrinkage in
the estates value is very considerable.
With the will broken, however, Mrs.
Creede and Dorothy, as adopted daugh-
ter, would take share and share alike
in the entire estate.
That is how the Creede contest stands
at present, but he would be rash man
who would venture to prognosticate as
to the final outcome.