The San Francisco call., 1909-09-25
REVEALS WEAK
SPOTS IN CLAUS
SPRFCK[LS''WIL
Attorney A. F. Morrison Conn.,
pIetes Argument in Attack !,
on Trust Clause
Decision Rendered in Fair Case
Cited in Support of Con-
testants' Claims

What was probably the most+exhaus
tive. most comple6e and most compre
hepsive argument ever directed agains
The trust clause of a VIII In this state
was concluded yesterday by A E. Nor
rison in his attack ON the trust clause
of'the VIII left by Chus Spreckels.
Beginning Tuesday afternoon he ar
gued- during the sessions in Judge Cof-
fey's court until yesnerday- Afternoon
at O'Clock assailing the instrument
whereby the sugar king attemptedl to
distribute his millions SO that the
widow would have a Iifesestate, atf the
terrninssion OF which mis- children, Gus
Rudolph and Emma, should share- the
propertyramong themselves or'their 'is-
sue.
Point after pointswas' made bytAttor-
ney Morrison in his mastery argu-
ment- Through the various ramafica-
tions of the laws relating to beQueath-
ing property he reasoned with com
pelling logic Every weak spot in the
will was baredsand zte attention of the
court was directed TO those errors
which he contended fnvalidated.the In
strumenC
FAIR TRIsT INVALID
In many respects the SpreckeIs will
contest suggests the Fair will contest
In fact, much, faith is pinned by John ID
Spreckels and A B. Spreckels, the con-
-estants. on the decision in that case
The late Senator James @. Fair at
tempted to create a trust similar to that
indicated in the Spreckels Will The
Fair trust was held TO be invalid, and
Morrison ably brought out the anal
ogous features of the two instruments
Morrison resumed bis argument yes
terday morning by reading cases Illus
trating points before brought out to
show that the interests of the deyisees
or legatees under the will must be
contingent. according TO the will. He
delved also into the uncertainty as 10
who would be entitled TO the property
at the time of the transfer, referring
TO the possible birth of heirs not in
being at the death OF the testator.
According to the will the whole es
tate is vested in the trustees. If the
testator had provided that Immediately
upon the death of the widow the prop
erty must be conveyed TO the heirs and
had devised and beQCeaIhed it accord
ingly. then they would have taken it
by direct devise, he argued, but such
was not done.
PREVENTS REMOTENESS
In the final part of his argument
Morrison discussed the law of perpetu-
ity as understood at common law, which
prevents remoteness in the vesting of
estates. If the property is to be vested
Al all il must be vested in lives in be-
ing. He referred 10 the possibility OF
Mrs. Ferris. the daughter, having a
child, which would not have been per-
son in being at the death of testator.
Although the viii attempts TO provide
for such possible issue the law holds
that the vesting is too remote.
Summing up Morrisons argument
there were four main points made by
him He held that the realty trust was
void because it attempted to delegate
in the trustees the power to convey the
property, which point was decided in
the Fair case. He showed also that the
personality was inseVerable because of
its interdependence with the realty,
which would bring it under considera-
tion with the realty. Again he held
that the will was void as to both realty
and personally because of the suspen-
sion of the power of alienation beyond
lives in being. His last point was that
the will was contrary to the rule
against perpetufty.
AT the conclusion of Morrison's argu-
nent counsel for the proponents of the
viii asked that the case go over until
Monday afternoon at O'Clock, so that
they could prepare to answer Morri-
sons argument o. X. Cushing prob
ably will argue for the proponents and
Peter r Dunno viii close for the con-
festants
Fixing Inheritance Tax
As the petition of Mrs Anna c.
Spreckels for partial distribution of the
clans SnrerlxpfS
Viously granted Judge Coffey sum-
moned her attorneys yesterday for the
purpose of fixing the value of the
various properties so that the state in
heritance tax might be collected The
tax must be paid before the judge may
make the order of distribution
The values TO be settled are those in
effect at the time of the death of Claus
Spreckels, December 26, 1903 Nav Is
Of this year an appraisement was filed
by the probate appraisers. OF these
George Hooper was examined last week
and g. A. Berton in part yesterday.
The examination of Berton was con-
tinued until next Thursday morning.
The probate appraisers placed the
personal property of the decedent at
s3.s12.ST3. This valuation was largely
determined by stock reports reviewed
yesterday. 1t also met the opinion of
Louis II. Mooser, who took the stand
as an expert for the state. However
Mooser's estimate of the real property
was $4,000 higher than the s5,7Ie.2s6
of the appraisers. But he agreed ia
confer meantime with Berton There
was no question made of the $4,000 of
Tulsre property passed on by separate
appraisers. During the examination III
r. Peart appeared as attorna for
Treasurer McDougald.
1