Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-12
Des Moines Millionaire Plans to
Build Up Vast Property and
Keep it Intact After Death
TESTS TRusTEEsHIp IN COURT
Supreme Court of Iowa to Pass Soon
on the Validity Of scheme-Massa-
chusetts Republicans Agree With
President and Governor cummins on
Tariff Revision.
Special 20 r!mes-Fsepublican.

Special 70 Times Republican.
Des Moines, Oct. 12.-one of the
strangest eases ever presented TO the
supreme court of the state of Iowa
is likely to be decided by that body
soon Probably at the second period
Of the September term. which opens
next Tuesday the court may hand
down decision in the case. The case
is one involving an ingenious attempt
now to millions and to build up vast
estate such as results from the en-
failing system of European countries
but which the laws of America have
always prevented.
In 1909 Frederick NJ Hubbell and
his wife, Frances Hubbell, conveyed
all their property to trustees. OF which
Mr.. Hubbell was one and his two sons
were the other two. Mr.. Hubbell has
been reputed to be many times mill
ionaire and all Of his property, real
and personal was turned over to these
trustees. The conveyance provided
that the period of the trusteeshir
should be during the life of Mr.. and
Mrs. Hubbel and their sons and
daughter, and during the life Of mis-
grandsons "and during the life of the
survivor of said persons, and for
twenty-one years thereafter" This
last clause is taken as meaning that
the trusteeship shall last during the
life of the two grandsons living or any
others that may be born or during the
life of the wives of the two grandsons
If they ever get married. The grand
sons are now little boys.
The properly was divided into
classes. Glass A consisted Of the choice
corner lots and inlying real estate in
the city of Des Moines, of which Mr.
Hubbell is abundantly possessed. Class
b consisted of real estate farther out
1t is specified that class A property
can never be sold. Glass B property
can be sold. Glass c property con-
sisted Of personal property. After the
expiration of the trusteeship the prop
erty is to be divided per Stripes" and
not "per CAPITA" That means that the
children are to get the share of their
parents If the parents are dead and
are not to share equally all thru with
the living descendants.
After this "entailing" arrangement
was all fixed up and the conveyance
of the property was recorded with the
county recorder friendly suit was
started by Mr.. Hubbell in which the
Lrf,, ~
selves and all the other living heirs to
test the thing and find out whether it
will stand the courts. The case was
tried in the district court and then
appealed to the supreme court. The
state of Iowa was made defendant in
the suit but the state Of Iowa did not
pay much attention to the matter ex-
cept that the county attorney Of Polk
county put in an appearance and in
sisted that none of the costs Of the
suit be taxed up against the state SO
that the state would not have to pay
for any of the folderol.
The case was submitted to the su-
preme court at the January term and
there has been abundance of time to
consider it and hand down an opinion.
"A
term which followed the summer re-
cess the court had time only to hand
down four minor cases. 1t is expected
that at the beginning Of the second
period of the term next Tuesday the
court will hand down many cases and
it is very possible that the Hubbell
case will be among the number.
Involved in the case is one point
Of law which, however. has been de-
cided by the courts before. This is
whether or not trustee can lease
property for period extending beyond
his trusteeship. The trustees Of the
Hubbell estate proposed to lease some
Of the outlying real estate for period
of ninety-nine years. They brought
the suit now in court ostensibly to
test whether or not they could lease
the property for so long time and
in this is of course wrapped up the
case Of whether or not the whole trus-
teeship is proper and legal.
There is no case involved that con-
Germs the people of the state Of Iowa,
for this state at this time has no direct
inheritance tax so it cannot be cheat
ed out Of anything there and as all
the property goes to direct helrs the
state has no interest in the matter.
The Massachusetts, republicans have
taken an attitude on the tariff ques-
ton in line with the position of the
national republican administration as
expressed by the president and mem
bers of his cabinet, and this position
meets with hearty approval among
Iowa republicans. Governor Cummins
is greatly pleased over the position
lust taken by the National association
of manufacturers and the National
Reciprocity league in joining In work
for business readiustment of the tar
iff schedules, and for appointment of
a commission to take up the work or
inquiry and investigation to the end
of outlining the method OF changing
schedules. While the views OF Gov