The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-09-24
WHEELER IS QUOTED
IN SPR[CK[LS CASE
Former Attorney for Executors
Argued Against Their Con-
tention in Fair Contest
Counsel Attacks Trust Clause OF
Will as Contrary to the
Laws of State

That Charles S. Wheeler would have
been in a peculiar position had he re-
manned in the Spreckels will contest
as attorney for Rudolph Spreckels and
Gus Spreckels, the executors and trus-
tees, developed yesterday in Judge
his argument for John d. Spreckels
and A. &. Spreckels in demurring to
the petition of the executors for a de-
cree of partial distribution, offered as
a part of his argument the argument
which Wheeler made regarding post
humous children in attacking the trust
clause in the Fair will
II had hoped to read the argument
to Mr.. Wheeler" said Morrison, but
is he is not here | shall not have thai
satisfaction"
Had Wheeler stayed in the Spreckels
case he would have found himself OPP
posing that for which he was contend
ing in the Fair case.
Morrison's argument yesterday dealt
with both the realty and the personality
covered by the Spreckels trust and
entered particularly into the laws of
perpetuity. Contrary to his expecta-
ton, he did not finish yesterday, but
he announced that he would undoubt-
d
morning.
CONTINUANCE WILL BE ASKED
Cushing & Cushing, for the propo-
nents of the will said they would ask
that a continuance be taken at the
conclusion of Morrison's argument un-
til next Monday so that they might
have ample time to respond to the
points brought out in Morrison's eX-
haustive discussion of the questions
involved.
In resuming his argument yesterday
morning Attorney Morrison went at
once into the question of the duration
of trusts. He read the second para
graph of the will of the late Claus
Spreckels to show that the trust sought
to be established did not terminate
with the life of the widow. The trus-
tees would still have duties imposed on
them after her death. such as Partition
ing and distributing the estate. The
will, Attorney Morrison pointed out,
does not execute itself.
POSSIBILITY OF CHILDREN
He dwelt upon the possibility of Ru-
dolph Spreckels. Gus Spreckels or Mrs.
Ferris, the three children named as
devisees. having children or grandchil-
dren born after the death of the tes-
tator. These would be persons not in
death. All the heirs in being might
die before the time of the widows
death. The duties of the trustees, ac-
cording to the will, would still exist,
which would be contrary to the law.
Morrison argued that it might be
contended by opposing counsel that in
the event of the death of the three
children named in the Will the devise
would be made by direct bequest, re-
CARELESS of the second paragraph.
which creates the trust. He held thar
tator did not make a direct devise to
the heirs of the three children.
EXTENT OF TRUST TERN
Morrison cited the language of tho
will, upon the death of my wife the
estate shall be divided into three equal
parts to show that the testator's in
tent was plainly indicated, and that an
effort was made to extend the trus.
term past the life of the widow.
Particular Importance was attached
by Morrison to the fact that nothing
was given to any one In the will ex-
cept what was given through the trus-
tees. He argued that.if Rudolph and
Gus Spreckels should die before their
mother, their heirs would get nothing,
if one were to stop with the second
paragraph, provision for the issue be-
ing made only in the third paragraph.
Continuing along this line, he held that
the gift to the issue of the three chill
dren was substitutionary and quoted
Justice Lorigans decision in the Hay
wards case.
Argument was also made along the
line that the laws relating to trusts of
personal property in this state with
regard to perpetuity were the same as
those applying to real property.