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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