The San Francisco call., 1909-10-15
END ARGUMENT
IN SPRECKELS
WILL CONTEST
Counsel for John D. and AdOIpEl
Insist That Trust Clause
Is Unlawful
Attorney Peter F. Dunno Closes
Case and Judge COffey Re-
serves His Decision

of the most notable probate contests
that has ever been waged in the local
courts. was submitted yesterday to Su-
perior Judge Coffey for final decision.
Peter F. Dunno. attorney for the con-
testants. John D. and Adolph B. Spreck-
els. finished his exhaustive argument
which had occupied several days of the
courts time. and the case was de-
clared closed save for the handing
down Of the courts decision.
Technically the battle, which has
been fought for nearly four weeks with
every legal weapon in the possession
Of the most skillful lawyers, has not
been direct contest Of the WILL but
TO all practical intents it has been the
real struggle TO determine the validity
or invalidity of the will by which the
sugar king attempted to provide for the
Assposition Of his millions.
ATTACK On TRUST CLAUSE
The attack on the will originated in
p demurrer filed by the contestants in
connection with petition for a partial
distribution of the estate filed by Ru-
doIph and Claus Augustus, the ex-
ecutors named in the will. The contest
thus far has been confined 10 an at
tack upon the validity Of the trust
clause Of the will. Should the court
rule in favor of theecontestants the will
must fall and nothing remains to the
leeatees named therein but an appeal
10 the supreme court for a reversal
of the superior court decision. II Judge
Coney should decide in favor of the
proponents the contestants would still
be entitled to attack the document on
other grounds.
The attack of the contestants has
been the most thorough exposition OF
the law relative to trusts under will
that mas been made before q Cali
5ornia court since the James FAIR VIII
was in litigation. The Fair viii de-
cision. incidentally, has had an I'M
portant bearing on the present case aho
fbe arguments before Judge CoHey
have attracted the close attention OF
many students of the law. who have
followed the arguments of the opposing
attorneys with utmost interest.
-FOUR POINTS OF ATTACK
In brief the case Of the contestants
as presented by Dunno and a r MOT
rison. who made the opening argu-
lnent in the case, has been summed up
under four general divisions. Be
tween them these two attorneys have
thrashed out the law applicable 10 the
subject to the very last detail Hun
dreds Of cases have been cited in sup
mort of their contentious and the con-
troversv has been summed up with
ID
has made their position almost impreg-
nable-
The four points upon which the con-
testants rely are substantially Theses
The trust clause of the viii is unlaw-
full and invalid because IL attempts &c
establish a trust to convey realty
which is not allowable under California
statutes; the realty clause can not be
thrown down and the personally clause
sustained for the reason that the per-
sonaltv and realty of the estate are sc
inseparably interblended that the fai
or the one must drag the other with II
the will provides for an illegal sus-
Dension Of the power of alienation, IT
tat its provisions extend to perioo
not covered by the lives of persons ir
being at the time Of the death OF the
testator; the provisions of the Will dc
not come within the law respecting
j
nate the possibility of the estate vest
ing in the benefciaries during the live
Of persons in being at the death o
the testator.
NEW YORK CASE QUOTED
Dunno occupied the two sessions o
court yesterday with a discussion O
the two latter general subdivisions o.
his argument. celebrating upon HI
former contentious respecting the sub
ject Of contingent limitations. H'
dweIt at length upon the decision O
the court in the Manice case in New
York, upon which considerable reliance
was placed by the proponents, an'
showed the distinction between tina
and the case under consideration. Thii
distinction, he argued was that be
tween an estate in trust and the mer'
exercise Of power in trust.
Dunno asserted that Judge Rapallo'
decision in the Manice case was con
sonant with the law of New York base'
on the enabling legislation of tha
state by means of which a testatori
purpose might sometimes be executes
as power in trust where otherwise j
would fail entirely as an illegal trust
TRIBUTE PAID TO COURT
Dunno pointed out that no such ena
bling legislation existed in California
E.nQ InaL unQGI the statutes Oh lill
state no power in trust could be reaC
into a will. He closed his address will
2 word of thanks TO the court and op
posing attorneys for the manner il
which the Spreckels case has been con
Quoted.
"As the longest night must at las
break into dawn" he said so must tn
longest speech come to an end SOM
time. During all this lengthy argu
ment, which has extended over man,
days, IT has been a compensation t,
me and to my colleagues to be con
fronted by such able. courteous and in
defatigable opponents those WHOM
we have met here. And it has been
compensation to us to be able TO de
liver our arguments in and before
court like this. the patience. courtes,
and consideration of which I hav
never seen outdone or surpassed b,
anv court in the land
Judge coffey, in taking the case un
der consideration, granted to the at
torneys of each side five days in whicI
TO prepare and file a list of authoritie
which have been cited in argument