Henry Miller Poor of Gilroy Fund Agreement Accepting Trust
"-I !
I I
AGREEl\/IENT ACCEPTING TRUST
WHEREAS, on or about the 1st day of July, 1965, the
Superior Court of the State of California, in and ror the County of
Santa Clara in that certain proceeding entitled:
GEOHGE V'/. NICKEL, ,rHo a:l1d HENHY
BOWLES, as Trustees under Deed of Trust
or Henry Miller, Trustor, Dated April I?,
1913, and as Trustees under Trust established
by the Last Will and Testam.ent of said I--Ienry
.:lVIiller,
P eti tioners,
VB.
THOIvIAS C. LYNCH, as .Attorney General or
California, and the C;ity of Gilroy. a body.
corporate and politic,
Hespondents.
and numbered 1 6 6 3 3 3, on the records and files of said Court. did
rnake and enter its judgIl1ent, a copy of "which is attached hereto as
Exhibit "All and by tIlls reference .(nade a part hereof; and
WHEREAS. pursuant to the authorization contained in
said Judgment the aforesaid George . Nickel, Jr., and Henry NI.
Bov;les, as Trustees, of the said Henry Tdiller Trust, did distribute.
transfer and deliver to the Undersigned, City of Gilroy. a municipal
corporation, all of the assets of the Poor of Gilroy F\nd. the said fund
being described and referred to in said Judgment. the said assets being
more particularly described in Exhibit j il attached hereto, and rn.ade a
part hereof;
, rl"IIJ~R:E~D')C;I~E,
The Undersigned, City ,r)f Gilroy. does hereby acknowledge
receipt of the assets described in Exhibit liBI!
accepts the 8a1'.::,e as a
charitable trust and agrees to perpetually invest the sarne prudently and
safely, and use the incoIne thereof for distribution to the Poor of Gilroy at
Christu'las tim.e, and further agrees tL.t .said Fund shall always be known
and identified as the "F[enry l\1iller Poor of Gilroy Fund ",
1.
( Seal)
1965.
~71,..,- ~Th~ -&~
Henry 1\/1. Bowl es
Trustees, Henry Miller Trust.
CITY OF GILHOY. a xnunicipal corporation.
^ /<
'7 \ '~-:../'
---=.;..;:;: I\'1 ayo r )
/
i
.;~-:z____:_.", r. ,.
..,..' "-,..,,,;;,.,.-.. . ><.-(
\.
t ~--{\- "-' '
Adr.LJinistrative Officer
..>-\
( ,
. .. " ~.
2.
1
2
8
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
^':-.... ., ., .
VINCENT J. McGOVERN, ESQ.
550 Kearny Street
San Francisco 8, California
. Telephone: GA 1-4800
'(E:NOO~SED)
F g l Ie m;,
JUL 1-19~ . U
PAUL It lEILH, ClarK
BY. A. J. GALl.O
.~vn .
Attorney for Petitioners
IN THE SUPERIOR COURT OF THE STATE OF CALIFO&.~IA
IN AND FOR THE COUNTY OF SANTA CLARA
GEORGE \V. NICKEL, JR, and HENRY
M. BOWLES, as Trustees under Deed of
Trust of Henry Miller, Trustor, Dated
April 17, 1913, and as Trustees under
Trust established by the Last Will and
Testament of said Henry Miller,
)
)
)
)
)
) NO. 1 6 6 3 3 3
)
) JUDG1\'!ENT
)
)
)
)
)
)
)
)
Petitioners,
. vs.
THOMAS C. LYNCH, as Attorney General
of California, and the City of Gilroy, a
body, corporate and politic,
Respondents.
19
20 The above entitled matter came on regularly for hearing before
21 the above entitled Court, Department 8 thereof, on July 1, 1965, Vincent J.
22 IVfcGovern, Esq., appearing for Petitioners, John E. Bars ell, Jr., Deputy
23 Attorney General, appearing for Respondent Thomas C. Lynch, as Attorney
24 General of California, and Sydney S. Johnson appearing for Respondent, The
25 City of Gilroy, a municipal corporation in the County of Santa Clara, State
26 of California.
27 It appearing from the Answers of Respondents Thon'las C. Lynch,
28 as:d~torney General and The City of Gilroy filed herein,tha~ each of said
29 Respondents admits and joins in each and every allegation of the Petition
30 herein on file, and requests that the Court issue its Instructions and
31 Incidental Orders as prayed for in the Petition, and the Court having
32 . received evidence and being duly advisdd in the premises, and the matter
L
~BXmBIT "A"
II
\"1.) .,
I. - - ·
I
1 having been submitted and fully considered.
2
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED
AND DECREED as follows:
3
A. PETITIONERS are authorized to sell, tra.."1sfer and convey to
4
5 the City of Gilroy, a municipal corporation in the County of Santa Clara, free
6
and clear of any trusts created by Henry Miller in his said Deed of Trust
and Last .Will and Testament (Exhibits A and B of the Petition), that certain
7
parcel of land in the City of Gilroy and referred to in:s'aid Petition as the
8
9 Hospital Lot, and more particularly described in Paragraph IX of the Petition.
10 for the sum of $25,000. That the purchase price so received by Petitioners
11
shall be thereupon by them added to and become part of the Las .Animas
12 Hospital Fund created by the Deed of Trust of Henry Miller and more parti-
13
14
15
cularly described in the Petition.
B. That PETITIONERS are authorized to distribute, transfer,
and_deliver to Wheeler Hospital Association, a. corporation, referred to in
'-
the-J?etition, the assets of said Las Anim.as Hospital Fund, including t..'l-}e net
16
17
sale proceeds of said Hospital Lot a..'1.d all income accumulated since Decem-
18 bel' 11, 1962, on and subject to the following trusts and conditions:
19
(a) Viheeler Hospital Association will talte and hold
the sa.'TIe and invest and keep the same invested
so as to derive income therefrom, principal and
intorest to be kept and maintained in a separate
fund, to be known as the "Henry Miller Memorial
Fundi'.
20
21
22
23
24
25
26
27
II
28 II
:1
29\
30
31 B.
(b) Princif?al and interest of "Henry Miller ~/rell1orial
Fund' shall be used only for new construction such
as ,an additional i100r or wing to the:present
hospital structure or otructures.
(c) In order that recognition rLlay be always made of
the generosity of Henry IVriller, a suitable plaque
or plaques shall be installed in an appropriate place
or places, and p,arpetuaUy maintained so as to give
public notice that a particular floor or wing was
constructed as a r'.1cmorial to the memor-yof
Henry Ivliller thro~h funds made available in whole
or in part from the 'Henry Millcl" 11emorial F-lll"ldll.
C. That the distribution authorized in the preceding paragraph.
shall not be made unless and until said Wheeler Hospital Association
32 enters into a written agreement with PETITIONERS wherein and whereby
2.
-'
.
J.:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
82
..
.. ~> ..
..
-~~
it accepts the assets of the Las Animas Hospital Fund as a charitable trust
subjGct to the trusts hereinabove stated, and agrees to truly and faithfully
perform each and every of the terms thereof to the best of its ability.
D. PETITIONERS are authorized to distribute, transfer a.."1d
deliver to said City of Gilroy the assets of the "Poor of Gilroy Fund"
referred to in Petitioners' Further and Separate Petition, subject to the
condition"that said City enter into an Agreement with Petitioners wherein
and whereby it will accept said Fund so delivered to it as a charitable trust,
and perpetually invest the same prudently and safely and use th,a income
thereof for distribution to the poor of Gilroy at Christmastime, and further
that satd Fund shall always be known and identified as the "Henry :Miller
Poor of Gilroy Fund".
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that
PETITIONERS shall be discharged as Trustees oi the said Las Animas '
Hospital Fund,and the said Poor of Gilroy Fund without further order of
this Court, upon making the distributions in accordance with the provisions
of paragraphs B, C and D, a.bove.
DATED: July: I
1965. .
'HOMER
e. THOMPSO~'
Judge of the Superior Court.
The foregoing instrument is a correet
copy of the original on file
In this office
ATTEST: JUL 1. 1965 .
PAUC~. TEILH
Cb\l, nty Cl&r~... d OX-ofi. ido Clm of ~e
Sut>enm: Cg\l1" of~'th. St:!te of CalifgrLJ&
ill 'fgr t 0 f'... hl~, ,~Clara
, ~ /.{ I n..-,kr
>>~ /., " __"I.
3.
THE HENRY NITLLER TRUST
POOR OF GILHOY FUND
U. S. Treasury Bond, 2 1/21'/). due 3/15/71, par value
$15,000.00
Cashier's Check, Bank of Am.erica
375.00
(From Commercial Account No. 335 -8141, Bank
of America. Tvlain Office, representing 1965
accunl.ulated income for disbursement Christmas 1965)
EXHIBIT liB II