The San Francisco call., 1898-08-12
The "Heights" and Magnificent Library Are Not BeQueathed
 to the City.
Mrs. Kluge, the Alleged Widow, Must Fight for Any Share She May Get From
 the Estate.


 east chains and 6 links, thence due south lO2 chains and S2 links. thence south 6SA de north chains and 63 links, thence due east lZ chains and links, thence due north 6O to point of commencement. being portion or sections 19 24 and 30, township south ranges and west. Mount Dtablo meridian, contain Ing four hundred (400) acres.
 Ihird0oSSomneneing z at the intersection or courses 2S and 2 of the San Miguel Rancho; rancho boundary line 2 chains and s6 links, thence due east A chains and 96 links. thence cue south 50 chains, thence due west % chains and 62 links to the ranch boundary line, thence along said boundary line north 2% degrees west $S chains and 5S links to place of beginning
 being portions of sections 24. 25, l9 and 30, township south. ranges and west, Mount Diablo meridian, containing three hundred and
 Excepting out of said described tract ten QO acres heretofore conveyed by F. L. A. Pioche and Levi Parsons to James Glasgow by deed dated November l. 1864; also excepting out of said described tract a piece of land contain ing five (5) acres conveyed by said PioChe and |: L. Robinson to said Glasgow, December 24'
 Fourth-Commencing at a point of San Mi- guel Rancho In the southwest quarter Of sec ablo meridian. chains l9 links due west from southwest corner of the Industrial school land, thence south 26 chains and 20 links. thence south 30 degrees west 3 chains and 26 links to lands of Railroad Homestead Association, thence west along the northerly line of the lands of said Railroad Homestead Association B chains and r links to center of Orizaba street on northerly line of lands of the City Land Association, thence north along east line of lands Of said City Land Association 16 chains and s6 links to the northerly line or said last mentioned tract, thence along said north erly line of said last mentioned tract S5 chains and 14 links, thence north iS chains and 45 links, thence east 40 chains, thence south 40 chains, thence east 32 chains and S1 links to point of commencement, containing three hun description being with variation of l612 degrees of the compass.
 so called, situated in the city and county of San Francisco described as follows; Com a-fH- r,tr1f Lobos and Forty-eighth (4Sth) avenues, thence southerly along the westerly line of Forty eighth avenue nine hundred and sixteen feet and eleven inches (9l6 feet II inches) thence due west four hundred and hfty-elght feet ana north four and hfty-four one-hundredths t4.5) chains. thence due west five and thirty one way Reservation, thence following the east line of Great Highway Reservation to its in Lobos road. thence northerly and eaSteriy along the southerly line of said Point Lobos nue. thence southerly along the westerly line of Forty-eighth avenue to point of commence
 containing fReG{ twenty O acres ana /XXV. l will and direct that the title In fee of said parcels of land marked and II fast hereinbefore described and each thereof snail go in trust into the hands of my executors. to be by them preserved and managed for and death and then by my executors to be con veyed in to the board of trustees herein after provided for, but not to be sold or dls- posed of by any one having the charge or man agement thereof during the life Of the last sur vIvor Of my children mentioned Tn this VIII and at the death of said last survivor or as soon thereafter as may be deemed by the board of trustees hereinafter mentioned Tor the best interest Of the trust hereinafter created and appointed, I will and direct that the bulk the whole of said parcels of real estate marked aforesaid and II shall be sold by said board of trustees as speedily as possible, but in the manner they snail deem pest TOT realizing the largest amount, and the tunds realized from such sales shall be managed and applied by said board Of trustees Tor such char | ities institutions of learning and science and for premiums to be set apart for distinguished scholarships and sctentinc discovery ana ID. ventions as shall be directed by my executors; such directions by my said executors shall be filed and recorded in the County Kecorder office of the city and county Of San Francisco, State of California, within three @ years after my death, and the directions so gwen, filed and recorded within the time so pre- scribed shall be obligatory and binding upon said board of trustees, and in default or said executors giving such directions within the
 time and in manner aforesaid I direct that
 said board of trustees at once organize and elect proper officers for such organization. and
 within twelve months thereafter designate. se- lect and appoint by resolutions entered on their minutes such application of the funds realized from such sales but strictly within
 the purposes and objects herein by me men toned. as they may deem best, for record with
 said County Recorder copy of such i,,. resolu. on their part aforesaid. have. no further right to give such directions to said board.
 XXYL The said board of trustees shall con sist of the Governor of the State of California, the Chief Justice of the Supreme Court of the State Of California, the Presiding Judge of the Superior Court of the city and county of San Francisco, the United States Circuit Judge for the District of California, the Mayor of the Chamber of Commerce of San Francisco. the president of the board of regents Of the Uni office and six other members to be chosen by
 the above-named officers three from amongst other three from amongst my male descend ants or those of my brothers bearing the name of Sutro: and in case of the abolishment of any of the offices named or the reorganlzation or the government or courts of the State or Cali fornia or of the city and county government of San Francisco. effecting change in the name office any of the officers mentioned,
 ceed to select officers filling positions core spending thereto as near as in their Judgment
 may be.
 XXVII At the end of the ten years herein
 mentioned for the execution of the trust and duties of my executors aforesaid, and prior to the conveyance herein provided to be made | of said property to said board of trustees. my executors shall obtain in writing from the of | fcers herein named to constitute part of said board their acceptance of said trust. and also
 the acceptance in like form of the six mem ne n case any of such officers such members elect shall decline, or for thirty days there 1 after neglect so to signify their acceptances, such vacancy vacancies shall be filled by the members who have accepted out of other incumbents of Federal State or county or city officers and other persons. as the case may be. The acceptances and destinations herein men tioned shall be filed in the permanent archives
 of the board.
 XxVIII Two-thirds of said board of trus- tees, at any meeting thereof. shall have full
 
 majority of my executors shall have full power to act in the discharge of their duties.
 xxx. In order that my executors, or, in their default, the trustees, shall, In respect to the directions they authorized to give, be able to act more intelligently in carrying out my instructions they shall offer in three of the leading newspapers of San Francisco, of New York and of London. England. by adver- tisement in each of said papers, and pay the
 sum of fifteen hundred dollars for the best practical treatise upon the application and management of the funds to be realized from such sales, in conformity with the general out lines herein expressed; one thousand dollars for the second in merit of said treatises and five hundred dollars for the third In merit of said treatises. But my executors not authorized, but are expressly prohibited, to direct the ap- plication of any of the funds realized from the sale of said lands to any institution char ity purpose which is in any degree sectar- ian. or in the management of which any priest, clergyman, minister or rabbi other religious officer shall have any voice control and said hoard of trustees are in like manner prohibited from making any such application
 XXX. My executors, during the time that they shall have the charge and management of the parcels of real estate herein referred to and numbered I and II, may lease the same for said term, collect rents, pay taxes, assess
 ments and the necessary expenses connected
 herewith. and In case there shall remain a surplus may employ such surplus in the i'm provement of said property in such manner