The San Francisco call., 1910-06-14
YOUNGER SONS
FEEL Lash OF
DUNES SATIRE
Gus and Rudolph SpreckelS
Scored for DeSertiOn OF
Father When Needed
Gifts to AdOIph and John d.
Were Rewards for Filial
Devotion and Loyalty

The peculiar attitude of Rudolph and
Gus Spreckels, first in deserting their
father when the latter was in the midst
OF his battles. and then in complaining
because he rewarded the hlial devotion
Of his other two sons. Adolph and John
D. Spreckels. who had played the part
Of dutifuI sons and had aided him in
the upbuuding of his fortune, was made
the basis for some pointed comment
on the part of Attorney PeterNt. dunno
in the hearing of the Spreckels estate
case before Judge Coffey yesterday
Dunno was polished, suave and dig
-nifed: but his words were none the
less telling. He used no harsh IAN
guage. but what he said was emphatic
He spoke in terms of hypothesis, put
The disguise was thin, If disguise was
attempted. and as he spoke the crowded
knew that the objects OF ms
satire were none other than Rudolph
and Gus Spreekels, who are endeavor-
ing to bar their brothers from sharing
5in the estate Of their dead father.
:r- Attorney Charles S Wheeler, in max
inc the plea for his clients, Rudolph
and Gus. had, with much flourish, de-
7nanded equity, calling for an equitable
distribution Of the estate, by when ne
meant q distribution in which Adolph
and John D. Spreckels would not hgure-
His assertion was that they had re-
ceived their share To this Dunno, In
opening his argument. answered:
" Il make no attempt TO color the situ-
alton" he said, ~Or to swerve from the
cts ass they have been presented TO
this court Equity has been demanded
by counsel and we join with him in
the demand. I VIII present hypo-
'thetical case of a father and four sons,
two of whom leave him in the midst OF
his battles The other two remain with
hiEa, aiding him IN his work, helping
him erect the structure Of his wealth,
'devoting themselves TO his interests,
playing the part Of dutiful sons. This
family difference lasts for IA years, and
in those years the father rewards the
dutiful sons. To the two who have
deserted him he naturally gives moth
ing.
NAMES NOT NEEDED
'eThe father dies. and the time comes
10 distribute his estate among his law
-ful heirs Now. I ask is It equity or
Justice TO declare that the dutiful sons
are to be prohibited from sharing in
the estate on the ground that they have
received their proportion during their
fathers lifetime? Is il equity and jus
tice to allow the two sons who deserted
the fight to take alp
It was unnecessary for Dunno to
mention names. There was no doubt
ing that the sons who deserted the
father were Rudolph and Gus, and that
the two who worked by his side for the
IA years were Adolph and John D.
Spreckels. The statement, shorn of
.alI the twists and turns of family diff
ferences. was the first concise one of
the situation the court had heard. 1t
created a marked impression among
the spectators, and for the next few
minutes Gus Spreckels, who was pres
ent in the courtroom, was given a
minute and critical examination by
them.
The greater part of the argument,
however was devoted to meeting the
legal issues Of the case. Attorney
Dunne's main argument was that the
law demanded a written declaration
charging such conveyances and trans
fers as advancements and this, he de-
clared. was not forthcoming The clause
in the viii on which Wheeler hung his
case, the clause in which it was stated
that no provision had been made for
the two sons inasmuch as they had re-
ceived their shares already, was entire
" insufficient. Dunno contended mas
much as It was not written until many
years after. His stand was that the
donors intention at the time of making
the transfers was that they should be
in the nature of gifts. pure and simple.
and that. once having given away the
property absolutely, he had not the
power to change his intentions so as
TO prejudice the rights of those to
whom the gifts were delivered and that
he could no more change the character
Of the act than he could rescind it. For
this reason the declaration in the will
was valueless.
DOCTRINE OF ADVANCEMENT
Attorney Dunne's second contention
was even If these transfers were to be
regarded as advancements the doctrine
Of advancements was not in this in
stance. applicable, inasmuch as equity,
which enforced it. did so solely in cases
Of total intestacy, refusing to interfere
where there was but partial intestacy.
The case at bar, he declared, was one
of partial intestacy. inasmuch as the
viii was valid as TO the life estate of
the widow.
Apart from these two main lines of
argument there were numerous others.
During Attorney DUNES address let
fers were received from Honolulu, be-
ing Photographic copies of those writ
ten by the late Claus Spreckels to Will
liam @. Irwin at the time the transfers
were made, in which they were partic-
uIarIy specified as gifts and not adj
vancements The very will on which
were built the hopes of Rudolph and
Gus Spreckels, he pointed out. referred
TO the transfers as gifts. the words be-
ing: For the reason that have already
given them" etc.
In support Of his argument Attorney
Dunno harked back TO the ancient Eng
lish law reports. EciEg even further in
this respect than Wheeler had done. He
spoke all day and win close his argu-
ment this morning.