The San Francisco call., 1899-12-10
HEIRS TO OVER
TWENTY MILLIONS
AWAIT JUDGMENT
Supreme Court Work.
ing on Trust Wills.
EARLY DECISION is EXPECTED
FAIR, sUTRo AND WILEY ALL
TIED THEIR ESTATES.

neither or not the dead hand Of James
Is Fair Tor decades 10 come shall be per
mitted 10 direct the uses OF the millions
he left behind. whether or not the will OF
AnlasA T. Wiley. long In his grave. Will
otter those OF his blood and the woman
VINO hurtured his only son during his last
GAYS on earth, Louisa Nj. Muirhead. from
enjoying his wealth. and whether OF not
lht indefinite wishes OF the late Adolph
Suiro shall stand against the living and
deprive them OF the rights they should be
granted as friends and family. will be de-
cided within the next few weeks by the
supreme Court Of this State. In the last
wills and testaments OF these three mil
honaires who now live only in memory IL
ls made plain tha; ia life they We're op-
posed 10 that spirit OF Americanism
winch has long favored free and unre-
strlcted alienation and stood as eNponents
% the English scheme Of perpetuities-
mat scheme OF binding estates for givea
purposes and making IL necessary that
Ahel DE administered in perpetuam rel
mtmouam."
1ust why these dead capitalists pre-
leifcd 10 eslaonsh trusts under which
Anclr mlinons should be invested and ap-
lAcu pa restricted Anes never VIII be de-
ttiH4hcu. put TWO theories are advanced.
bht Dr. lnat after years OF to!l and hoard
-ilb lic Mlnu. ieNults at The Thought tnat
death Mlu forever end the mauagement OF
lEe estates. and in the love OF manage
heni tneA sought 10 manage even 10 tne
Judgment uay. Another theory is that IN
tne fanny of each there was a son whose
4'AoutSS lot int pressure money can
hflns outWelghed the parental desire TO
save anl lu order TO preserve their
wealth. Tor future generations me dead
ltd Gp thelr properties until another
senefauon shall have grown 10 manhood
and womannooc.
ln The superior Court Of this city ana
county each of the wills have been de-
clareG luNald 30 Tar as the trust clauses
Az concerned ana the estates are practi-
talN left Tor distribution as though the
iretaiOrs died lntestate. 4 ne celebrated
VIII of James q. B. AIR was the second of
theSe wills 10 fan Charles ". Slack.
when Judge Of Department 10, declared
AAe NASi clauses lnNalld- Judge Slack
held that The clauses OF the will establish
lhE a trust 10 convey after the termina-
lnn OF llfe estates. 10 convey after lives
iu being had ceased. was not provided for
ln the code, was contrary TO the policy
~ the law and guaranteed no justice %
me lNlug. Judge Stacks decision has
since been accepted as the law. and under
hls ruling the trust provisions OF the VIII
~ ihe late Adolph Sutro have fallen. In
hlS VIII Sutro also sought 10 establish
trust To- convey after the termination OF
lives ln being. ana in addition 10 this de-
i"ct Judge Trout held that the pene-
nciarles were 50 indefinite IN certain
clauses and the purposes Tor which Ger
tain proceeds were 10 be applied so OBJ
scure that the scheme Of the trust must
fan.
ln matter Of interest the peculiarities
az The trast clauses IN the will of Amasa
J.. Wiley take precedence over those OF
Fair and Sutro. In his will Wiley con-
NDreo all ~ his estate 10 trustees Ito be
disposed of a. directed In a certain deed
az trust placed de- the hands OF he trus-
tees during his life. in this deed OF trust
81 was provided that upon and after the
death ~ the party OF the first part (Nn-
le1l The trustees are given 10 hold and
Possesses III and slnEular the residue and
remainder 81 said property and effects
and upon trust 10 first provide out OF the
Income amy sum necessary 10 care for
Frautor's grave forever and then 10 dis
tribute the net income among specified
Collateral heirs 90 Wiley in amounts Of
So 10 500 per annum 10 each and the ball
ancc. includir the life aunuities. upon the
death of the annuitants. among various
charities thus applying. subject 10 the
trust for the grave. the entire income 10
charity IN perpetual trust"
This viii was adJudged invalid ~ both
Judges Coffey and Hebhard. but an ap-
peal 20 the Supreme Court was taken by
fhe trustees. The day after the trust pro-
vision ~ tho Fair viii was argued be-
s1re the supreme Court last August Judge
charles ~. Slack presented his points
against the Wiley viii before that trsb-
anal After dlsposing Of a primary trust
provided for In the deed Of trvAt Judge