The Washington herald., 1922-08-11
FREAK CLAUSE"
MMDONALD WILL
FOUGHT NCOURT
Trustees Of Oil Magnate's
Estate Oppose Sons
Petition.
LONG BATTLE SEEN
Residue of Which Distribu.
tion Is Sought Totals
$3,203,707.

The supposed freak" clause In
the will of James Mcdonald. STAN
dard OH magnate, who died In
Washington January Is. 1913. leav-
ing an estate valued at that time
at more than $1,000. 900. promises te
be the subject Of a long and hotly
contested court tight. judging from
the attitude of the Fulton Trust
Company Of New York and Law
renee Maxwell. trustees of the es-
tate, In their answer opposing the
immediate distribution Of the resi-
due to James Mcdonald. jr., son
and only heir-at-law OF the de-
ceased.
The residue now amounts to
S2,447,170. TO which Is added $685.
b37 as accumulated income. The
balance of the estate has been used
up in the payment of bequests and
the numerous annuities in the will
Of Mr.. Mcdonald
Seeks to XIII Clause.
Mcdonald. jr., began proceedings
last spring in the District Supreme
Court to have the freak" clause
thrown out This clause. which he
claims violates the District code
with regard to perpetuities. be-
aueaths to each child the son might
have an annuity of $4,000 a year
after the child reaches the twenty
nrst birthday-the amount to be
paid until the child or children
reach the age of 80. II Mcdonald
jr.. is alive at that time. the claus,
provides, then the residue is to be
divided-the children receiving one
half and their father the other half
At present Mcdonald. jr.. has two
children. His claim. upon which he
bases his demand for the voidins
this clause and the immediate dis
tribution Of the residue to himself
is that this clause ties up the es-
tate for the lifetime of persons al
ready in being and for twenty-ons
years thereafter. thus. he claims
violating the code. For him tc
comply with the provisions of this
clause, he claims Of II were pos
sible) would amount to sacrificing
his legal rights in his fathers es-
tate. The will provides an annuity
for the son Of $4,000 a year until
he Is Is years of age and there
after he Is to receive $4,000 a year
The clause which provides this an.
nuity contains also a provision fol
an annuity of s2.500 a year addi-
tional for each child that might be
born to the son. When the child
or children reach the age of Is, the
clause provides, then the annuity 1.
to be raised to $1,000 and remain
SO until the age of 81 Is reached
After that age Is reached the an
nuity is raised to $4,000. as already
stated.
stepson Of Marchfoness.
Mcdonald. jr., Is the stepson OF
the Marchioness of Huntley. As
Mrs Charlotte Jane Isabelle Nc
Donald. widow of James Mcdonald
ST.. she sued to obtain possession
of 5000 worth of personal prop
erty bequeathed by her husband to
Mcdonald. jr.. but lost the case
This property was closely associated
with Mcdonald. tr.'s mother. the
FIRST wife of Mcdonald. sr.
The Fulton Trust Company and
Mr.. Maxwell will vigorously op'
pose any construction on the al
legged freak" clause other thar
the one under which the estate i.
being administered by them today
They announced this demand IN
their answer to the sons court ac'
tion and demanded a peremptory
dismissal OF his suit. The cast
will probably be heard this fall.