Complaint,Petition: STANFORD R. MARTIN AND EMILY G.B. MARTIN 1997 REVOCABLE TRUST

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tat SECOND AVENUE, SUITE 625.
P.O. BOX 190
SAN MATEO, CALIFORNIA 94401
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, TexrKxety, Law Group
ATTORNEYS AT LAW

FACSIMILE (e860) sz2nee.

- Martin 1997 Revocable Trust

Martin. (hereinafter “Emily”). Emily died on February 23, 2009.

EDWARD D. THIRKELL SBN: 47192
JULIA LINGYS’ ~ °° SBN: 178535

THIRKELL LAW GROUP FILED
181 Second Avenue, Suite 625 MATEO COUNTY
Post Office Box 190 JUL
San Mateo, California 94401 San Francisco County Superior on L 16 2019

... Telephone: (650) 348-1016 Peon Si
Facsimile: (650) 348-2968 JUL 29 2020 By Sout

. CLERKOFTHECOURT PUTO
Attorneys for Petitioner, BY:

STANFORD MARTIN , ‘Deplly Olerk
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.

- IN AND FOR THE COUNTY OF SAN MATEO: |

PTR~20-303761

Inre the:

Stanford R. Martin and Emily G.B.

In re the: ) Case No. 19 PROO0919
. )
Emily G.B. Martin 1997 Revocable) PETITION FOR INSTRUCTIONS
Trust ) REGARDING ENFORCEABILITY OF
wy ) MARTIAL PROVISIONS
. “) Date ofHearing : ayg 12019 ~
) Time ofHearing : fi 23
) Department : Probate |
)
)
)

1 INTRODUCTION
1. Petitioner, Stanford R. Martin, Sr. is the widow of the decedent,-Emily-G.B,-
i

2. Petitioner is the duly-appointed acting trustee of the Stanford R Martin and
Emily G.B. Martin 1997 Revocable Trust (hereinafter the “Family Trust”). Petitioner is also
the primary income beneficiary of the Emily G.B. Martin 1997 Revocable Trust, as amended
(hereinafter the “Emily Trust”).

3. Both the Emily Trust and the Family Trust contain provisions purporting to

."49—PRo-n0919

1 PMISG
renege (Probate proceeding not specified) — |

inn =

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL Pa |
MARTIN, STANFORD/Petition001THIRKELL Law GrouP

ATTORNEYS AT LAW
tet SECOND AVENUE, SUITE 625

P.0. BOX 190

SAN MATEO, CALIFORNIA 94401

TELEPHONE (@0) aaa1016

FACSIMILE (en0) 2an-2080

1

" restrain Petitioner’s remarriage or a forfeiture may result, Petitioner does not believe these

provisions are enforceable for multiple reasons and requests that this Court make a

determination as to their invalidity.
Il. STATEMENT OF FACTS '

4, The matters for determination relate to the interpretation of two inter-related
trusts, namely the Emily Trust and the Family Trust. Both trusts were executed on October 23,
1997. Petitioner, Stanford R. Martin, Sr. (hereinafter “Petitioner”), is the widow of the
decedent, Emily G.B. Martin (hereinafter “Emily”). Emily died on February 23, 2009.

5.  OnFebruary 7, 1987, Petitioner and Emily created the Stanford R. Martin and

Emily G. B. Martin 1987 Revocable Trust. The aforementioned trust was reportedly funded
with four @) parcels of real property located i in San Francisco, 100 shares of stock privately -
held in California Audio Video Distributing Corporation, interest in two accounts at Bank of
America, and miscellaneous furs, jewelry, art, artifacts, and household furniture and
furnishings. -

6. On October 23, 1997, Petitioner and Emily purportedly revoked the 1987 trust in
favor of three trusts, namely the Emily Trust, the Family Trust, and the Stanford R: Martin’ 1997
Revocable Trust! ‘Attached hereto as Exhibits “A” and «BR», respectively, are true and correct
copies of the Emily Trust and the Family Trust. The Emily Trust was fanded with the ,
following assets:
. ‘325 Yerba Buena, San Francisco, California
+ 81 San Andreas Way, San Francisco, California

. 288 Juanita Way, San Francisco, California

"The ’Stanford R. Martin'1997 Revocable Trust is not subject to this petition or”

questions of interpretation.
Page 2

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
‘MARTIN, STANFORD/Petition001P.0. BOX 190

11 SECOND AVENUE, SUITE 625
SAN MATEO, CALIFORNIA 94401

THIRKELL Law GrouPr
ATTORNEYS AT LAW

TELEPHONE (650) 3201016

FACSIMILE (es0) 25-2068

. Interest in two accounts at Bank of America
. A bank account miaintained at MBNA of Wilmington, Delaware
° Miscellaneous furs, jewelry, art, artifacts, and household furniture and
furnishings |
7, As part of the estate planning process, Petitioner and Emily executed a deed
transferring 288 Juanita Way, San Francisco, California from the couple’s trust executed in
1987 to the Emily Trust. Attached hereto as Exhibit “C” is a true.and correct copy-a Grant
Deed dated October 23, 1997, recorded on November 3, 1997. The other two parcels were held
in Emily’s name alone and she, individually, transferred the remaining real properties to the
Emily Trust. Attached hereto collectively as Exhibit “D” are true and correct copies of two
Grant Deeds dated October 23, 1997, recorded on November 3, 1997.
8. On October 23, 1997, Petitioner and Emily, while revoking the-1987 trust, also
created the Family Trust. The Family Trust was funded with the following assets:
, . 335 Yerba Buena, San Francisco, California
. 100 shares of stock in California Audio Video Distributing Corporation
9. The couple subsequently distributed the real property located i 335 Yerba
Buena, San Francisco, California to Petitioner outright. The transfer occurred via Grant Deed
executed by the couple on July 22, 2008, and recorded on October 17, 2008. Attached hereto as
Exhibit “” is a true and correct copy of a Grant Deed dated July 22, 2008, and recorded on
October 17, 2008. /
10. Upon the death of Emily, the Emily Trust generally provides that the real
properties are held in trust for the benefit of Petitioner. Petitioner is also entitled to the net __

income of the assets of the Emily Trust in convenient installments, but not less than monthly. If

" the trustee considers the income insufficient for the proper care, support and maintenance of

Page 3

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARTIN, STANFORD/Petitlon001Petitioner, the trustee may apply the corpus of the Emily Trust, in his sole and absolute
discretion, deems necessary for Stanford. See “First” Amendment to the Emily GB. Martin

1997 Revocable Trust dated November 29, 2007, Amendment 1 at p. 1, a true and correct copy
wee ES

of which as attached hereto as Exhibit oe,

Il. DISCUSSION

Tarrxert Law Grovur

ATTORNEYS AT LAW

181 SECOND AVENUE, SUITE 625

P.O. BOX 190

SAN MATEO, CALIFORNIA 54401.

TELEPHONE (650) 340:1016

FACSIMILE (eso) 348-2068,

“L, Should Stanford R. Martin survive Emily G.B. Martin and remarry, cohabit
with a person of the opposite sex or bring any woman into the separate property
of Emily G.B. Martin at any time for any reason following the death of Emily
G.B. Martin, any such gifts as set forth herein shall lapse, and any such gifts
designated for Stanford R. Martin shall be distributed as though Stanford R

A. The Clause in the Emily Trust Restraining Petitoner’s Remarriage is Void.
i, Civil Code section 710 voids conditions restraining marriage,
ll. Petitioner remarried on February 20, 2014. The Emily Trust contains the
following language: ~

Martin had pre-deceased Emily G.B. Martin.”

- (See Emily Trust Art..Ninth, {.L., at p. 25, attached hereto as Exhibit “A”...

12.

The Emily Trust contains similar restrictions on marriage in Article Tenth,

paragraph A.? Regardless of the number times the Emily Trust repeats the forfeiture clause,

Petitioner asserts that any such provisions restraining marriage are void. Civil Code section ©

710 provides in pertinent part that “[c]onditions imposing restraints upon veer except upon

the marriage of a minor, are void; but this does not affect limitations where the intent was not to

forbid marriage, but only give the use until marriage.” Civ. Code § 710.

There are two documents entitled the First Amendment to the Emily G.
1997 Revocable Trust. One is dated July 2, 1998, the other November

Article Tenth, paragraph A (among other paragraphs), were stricken in

B. Martin
29, 2007.

ithe “First”

Amendment to the Emily G.B. Martin 1997 Revocable Trust dated November 29,
-- 20687, Amendment? at-page 6. A-true and correct copy of the “First” Amendment.

is attached hereto as Exhibit “F”.

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
‘MARTIN, STANFORD/Petition001Tarexerx Law Group
[ATTORNEYS AT LAW
P.0. BOX 190)
SAN MATEO, CALIFORNIA Saaot

181 SECOND AVENUE, SUITE G25.

13. The facts are remarkably similar to those in Estate of Guidotti (2001) 90
Cal.App.4th 1403. in Estate of Guidotti, a widow filed a petition to reform the will of her
deceased spouse to comply with the requirements of the Internal Revenue Code concerning the
marital deduction and the charitable deduction. The will established a testamentary trust giving
the widélw the right to live in the family residence during her lifetime, rent-free,.The tmst also
provided that she receive the net income for her lifetime. However, “{iJn the event [she] should
remarry, or, live with a man as though they were husband and wife, even though not married,
all income payments to her shall immediately stop ...”. Id. at p. 1405. The trust also allowed
for the invasion of principal as necessary for the widow’s proper health, maintenance, and
support. The power to invade principal was forfeited in the event of the widow’s remarriage or
cohabitation “with a man as though they were husband and wife, even though not married.” Id.

14. The trial ‘court refused to reform the will, finding that the remarriage clause was
valid. The Court.of Appeal reversed and remanded. The appellate court held that the
remarriage clause was void. The appellate court found that a review of the working ofthe will,.
and mogg,importantly, the evidence surrounding its execution, showed thatthe husband
intended to restrain the wife’s relationships or remarriage, in violation of Civil Code section
710. In support of the reformation petition, the widow offered a declaration by the attorney
who drafted the decedent’s will. The attorney declared that the decedent was “extremely
jealous” of the widow and “did not want her] to remarry or live with another man as if
married” after his death. Estate of Guidotti at p. 1405. The attorney even counseled that the
clause restraining remarriage “might be unenforceable as against public policy.” Jd. at p. 1407. :

15. In the instant case, Emily’s life was marred by the prospect of her own father

remarrying after the death of her mother. Emily’s father was a man of sufficient means and had

considered remarrying after his wife’s death. It was not until Petitioner intervened that the

Page 5

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARI - coe we11 SECOND AVENUE, SUITE G25

TarexeLtt Law Grove
ATTORNEYS AT LAW

P.O. BOX 190

SAN MATEO, CALIFORNIA 94401

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FACSIMILE (ex0) sap-2960

marriage plans were set aside.

16. .. Inaddition, Petitioner has conferred with the drafting attorney, Roger L.
Meredith regarding the enforceability of the marital clauses. Although Mr. Meredith does not
have any actual recollection of the specifics of the discussion with the couple, he does “have
actual vivid recollection of the marital restriction because it was so unusual.” See letter from
Roger L,-Meredith to Stanford Martin dated April 1, 2019 at p. 3, 13, a true and correct copy of
which is attached hereto as Exhibit “G”.

17. As to the validity of the provisions restricting remarriage, Mr. Meredith opines
as follows:

““On the marital clause, it exists in both the Emily and joint Trust, I do know —

whether it is an enforceable clause or not. 1 would have research that to see if

there is some case that would permit a challenge. But I will leave this up.to

whoever you hire.” |

See letter from Roger L. Meredith to Stanford Martin dated April 1, 2019 at p. 4,

9 (emphasis added), a true and correct copy of which is attached hereto as

Exhibit “G”.

18. Based on the foregoing, Petitioner believes that marital clause in the Emily Trust
restricting marriage is void based upon Civil Code section 710. The clause is intended to
impose restraints on Petitioner’s relationships and/or remarriage.

ii, The Clause is Unenforceable due to its Overbreadth and Ambiguity.

19. Forfeiture of a bequest if'a beneficiary remarries may, depending upon the terms
used, beg: restraint on marriage and “therefore absolutely void” under Civil Code 710. Estate of |
Scott (1915) 170 Cal.65, 66 [testator’s will limited wife’s bequest if she “[sJhould ... Wish to
marrie agane”]. The California Supreme Court has invalidated clauses in wills that either
restrain marriage generally or marriage to a particular person. Estate of Duffill (1919) 180 Cal.

748, 752 - 754 [decedent’s will reduced gift to son if he married “Mrs. Alice McNamara”).

Page 6

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARTIN, STANFORD/Petition001Tarexert Law Group

ATTORNEYS AT LAW
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___ SAN MATEO, CALIFORNIA sao!

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FACSIMILE (a0) s4a.2968

XN.

20. - Regardless of Emily's intent as to a restriction on Petitoner’s remarriage, the
clause is unenforceable due to its overbreadth and ambiguity. As set for abov , if Petitioner
were to remarry, “cohabit with a person of the opposite sex, or bring any woman into the -~-
separaté¥property of [Emily] at any time for any reason following the death of Emily”, any.
such gifts shall lapse. See Emily Trust Art. Ninth, qL., at p. 25 (emphasis added), attached
hereto as Exhibit “ay, The ambiguities and conflicts created by this forfeiture clause are
myriad.

21. For instance, in other provisions of the Emily Trust, Stanford R. Martin, Jr. is
directed to always take care of. Petitioner. See Emily Trust Art. Ninth, { M., at p. 25, attached

hereto as Exhibit “A”. If Stanford R. Martin, Jr. became a father to a daughter, would

. : .. | .
Petitioner’s cohabitation with his own granddaughter trigger a forfeiture? If Petitioner required

the services of a caregiver, would bringing a female attendant into the home cause
disinheritance? If a cleaning woman entered the residence, would that cause Petitioner’s gifts to |.
lapse because no female is to enter the premises “at any time for any reason”. See Emily Trust,
Art. Ninth,  L., at p. 25, attached hereto as Exhibit “A”.
22. Probate Code section 21102, subdivision (a), provides: “The intention of the

transfer as: expressed inthe instrument controls the legal effect of the dispositions made in the
instrument.” Thus, the paramount rule in construction of instruments is the determination of the
testator’s intent. See Estate of Edwards (1988) 203 Cal.App.3d 1366, 1371. |Here, given the
ambiguous language in the Emily Trust, a reasonable inference can be drawn that Emily

intended not only to restrict Petitioner’s remarriage, but cohabitation, or association with any

| female at any time for any reason. Such a provision is simply unenforceable given its

overbreadth and ambiguity.
mM woe,

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARTIN, STANFORD/Petition001TarexELt Law Group
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11 SECOND AVENUE, SUITE 62s

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restricting Petitioner’s remarriage. The Family Trust provides in pertinent part:

Gh...

B. The Clause in the Family Trust Restraining Petitioner’s Remarriage is Void.

i. Civil Code section 710 voids conditions retraining marriage.

23. Similar to the Emily Trust, the couple’s Family Trust contains a provision

“Should Stanford R. Martin survive Emily G.B. Martin and either remarry or
cohabit with the person of the opposite sex, any such gifts as set forth herein
shall lapse, except that he may continue to collect the rents form the real estate
for his income. He is not to remove any of the contents from 325 Yerba Buena
Avenue that have been designated to be left to either Stanford R. Martin, Jr. or
George Whitney, II or designated to be disposed of by Butterfield and

Butterfield.”

See Family Trust Art. Ninth, { C., at p. 6, attached hereto as Exhibit “B”.__._. __

Phe,

» 25;

As set forth above, the Family Trust was funded with the following assets:
. 335 Yerba Buena, San Francisco, California
. 100 shares of stock in California Audio Video Distributing Corporation

The couple subsequently distributed the real property located at 335 Yerba

Buena, San Francisco, California to Petitoner outright. The transfer occurred via.Grant Deed

executed by the couple on July 22, 2008, and recorded on October 17, 2008. Attached hereto as

Exhibit “E” is a true and correct copy of a Grant Deed dated July 2, 2008, and recorded on

October 17, 2008.

26.

As set forth above, Petitioner asserts that any such provision restraining marriage

is void. Civil Code section 710 provides in | pertinent part that “[c]onditions imposing restraints

upon matriage, except upon the marriage of a minor, are void; but this does not affect

limitations where the intent was not to forbid marriage, but only give the use - until n marriage.”

Civ. Code § 710. Petitioner believes he is still entitled to the net income from his shares of

California Audio Video Distributing Corporation.

u

Page 8

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARTIN, STANFORD/Petition001

.THreKeLt Law Group

ATTORNEYS AT LAW
11 SECOND AVENUE, SUITE 625

P.0. BOX 190
SAN MATEO, CALIFORNIA 94401
TELEPHONE (ou0) aaeso1e

+ FACSIMILE (eno) aan-2ace

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS

ii, Even if the Marital Clause is Determined to be Valid, the Drafting Attorney
Believes that the Forfeiture Clause was Limited in its Scope.

27. As originally drafted, the Family Trust provided that Petitioner was given a “life |
estate” in a one-half interest in the real property located 335 Yerba Buena, San Francisco,
California, See Family Trust Art. Ninth, { B., at p. 5, attached hereto as Exhibit “B”,

28.  Inconferring with the drafting attorney, Roger L. Meredith, he believes that even

it:

if the marital clause is valid, it only would only cause a forfeiture of the “life estate”. Mr.

Meredith opines as follows:

“On the joint Trust were Stan is sole Trustee, that is the Trust in which both [sic]
Yerba Buena properties are. And even if the other two properties are controlled
by Stan, Jr. and the language with regard to you being able to encumber the
properties and your ability to receive the receive [sic] the rents for at least those
two properties, I believe are unchanged and not affected by the marital clause.”
“Moreover, the clause in the joint Trust where Stan, Jr. is instructed to always"
take care of his father and not let anyone interfere with these instructions, that is
not affected by the marital clause either.”

See letter from Roger L. Meredith to Stanford Martin dated April 1, 2019 atp.4,
15-6 (emphasis added), a true and correct copy of which is attached hereto as
Exhibit “G”.

29. Accordingly, even if the marital clause is deemed valid, any forfeiture was to be
limited inits scope. The drafting attorney, Roger L. Meredith, believes that Petitioner would
still be entitled to net income and presumably, encumber the properties to invade ‘principal.
Again, Petitioner believes the provision restricting marriage is void for the reasons set for
above. ,

WHEREFORE, Petitioner requests a determination as follows:

1. That marital clause restricting marriage in the Emily G.B. Martin 1997
Revocable Trust, as amended is void based upon Civil Code section 710;

‘2. In the alternative, marital clause in the Emily G.B. Martin 1997 Revocable Trust,

Page 9

MARTIN, STANFORD/Petition001ATTORNEYS AT LAW
181 SECOND AVENUE, SUITE 625
.0. BOX 190
| SAN MATEO, CALIFORNIA 94401
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Terrrert Law Group

27

28

Woy : ou

nos |
as amended is simply unenforceable given its overbreadth and ambiguity;

3. That marital clause restricting marriage in the Stanford R. Martin and Emily G.B.
Martin 1997 Revocable Trust is void based upon Civil Code section 710;
4. In the alternative, even if the marital clause in the Stanford R. Martin and Emily

GB. Martin 1997 Revocable Trust is enforceable, any forfeiture was limited in its scope, and;

5. For other orders as the court deems necessary and proper.
Date: Sud yo, 2619 ¢ " (
j JULIA E. LINGYS

Attorney for Petitioner

Page 10

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS
MARTIN, STANFORD/Petition001TuirKErr Law Grour

ATTORNEYS AT LAW
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acbIMRE ten0) 346-7068

VERIFICA’

I, Stanford R. Martin, Sr. , say that Thave read the foregoing Petition for Instrctions
Regarding Enforceability of Martial Provisions. I have read the same and know the contents
thereof. The said Petition is true of my own knowledge, except as to those matters which are
|__therein stated upon my information and belief, and as to those matters [ believe them to betrue. | _

I declare under the penalty of perjury under the laws of the State of California that the

foregoing is true and correct. i
|
|
'

Executed on July_/9__,2019 at San Mateo, California.

Aft ot A

STANFORD RNMARTIN;SR.

PETITION FOR INSTRUCTIONS REGARDING ENFORCEABILITY OF MARITAL PROVISIONS:
MARTIN, STANFORD/Pettiond01 .Exhibit “A”(

Libs.

THIS AGREEMENT, dated September 73, 1997, is made between
EMILY G. B. MARTIN, called herein the "Settlor," and EMILY 6. B.

MARTIN, called herein the "Trustee.” :
WHEREAS, the scctior (estres to revoke Dye cancel a living
trust created on or about February 7, 1987, and any and all
subsequent amendments and modifications thereof, and :
WHEREAS, EMILY G. B. MARTIN, the "Trustee," declares that
EMILY G. B.’ MARTIN, the Settlor, has transferred and delivered to
the Trustee, without consideration, the property described herein,
Accordingly, said parties agree as follows: :
FIRST: @he Settlor, and any other person, by testamentary or
inter vivos transfer, may from time to time add to this
frust other ~property acceptable to the Trustee, which
property shall become a part of the Trust estate upon its
receipt and acceptance by the Trustee.
SECOND: ‘The order of succession of Téustee shall be as follows:
A. During the lifetime of EMILY Gc. B. MARTIN, EMILY G. B.
MARTIN shall act as the sole trustee of the Trust created
herein.
B. Upon the sole Trustee becoming incompetent, unable’ or
unwilling to act, or upon the death of the sole Trustee

CAWPSI\WILLSIMARTINS7.EGB . Page 1 of 356 — Corinth, Spr (Boe Deal? :

“ established by this instrument, the successor Trustee of
“this Trust shall be STANFORD R. MARTIN, JR

HTRD: The Settlor may at any time revoke this instrument in

“ whole or in part by an instrument in writing delivered to

the Trustee by hand or by certified mail. If the Settior

revokes this instrument, the Trustee shall deliver

promptly to the Settlor or her designee all or! the

designated portion of the Trust assets as set forth in

the instrument of revocation. Should the Settlor revoke

this instrument entirely or with respect to a major

portion of the assets subject to the instrument, | the

~ Trustee shall be entitled to retain sufficient assets

reasonably required to secure payment of liabilities

lawfully incurred by the Trustee in the administration of
the Trust, including Trustee fees that have been earned,

unless the Settlor shall indemnify the Trustee against

loss or expense. |

EQURTEH: The Settlor may at any time amend any of the terms of

this instrument by an instrument in writing signed by the

Settlor and delivered to the Trustee. No amendment shall

substantially increase the duties or liabilities of the

Trustee or change the Trustee’s compensation without. the

Trustee’s consent, nor shall the Trustee be obligated to

- act under such amendment unless the Trustee accepts it.

If a Trustee is removed, the Settlor shall pay to ‘the

(CAWPSIWILLS\MARTING7.EGB Page 2 of 35FIFTH:

Trustee any sums due and shall indemnify the Trustee
against liability lawfully incurred by the Trustee in the
administration of the Trust.

The powers-of the Settlor to revoke or amend this instru-
ment are personal to the Settlor and shall not be
exercisable on her behalf by any guardian, conservator or
other person, ‘except that revocation or amendment may be
authorized after notice to the Trustee by the Court that
appointed the guardian or conservator.

The Initial Trustee shall pay to or apply for the benefit
of the Settlor and/or the Settlor’s husband STANFORD R.

MARTIN, the net income of the Trust estate in monthly or

“more frequent installments. If the Initial Trustee

considers that the net income is insufficient, the
Trustee shall pay to or apply for the benefit of the
ettlor and/or of the Settlor’s husband, STANFORD R.
MARTIN, so much of the principal of the Trust estate as
is necessary, in the Trustee’s sole and absolute
retion, for the Settlor’s and/or Settlor’s husband’s
proper health, . support. and maintenance, after
consideration of the Settlor’s, and/or the Settlor’s
husband’s other income or resources outside the Trust
estate, known to the Trustee. Upon the death of the
Initial Trustee, should Stanford R. Martin survive, the
sUécessor trustee shall pay tc or apply for the benefit

(C:AWPSI\WILLS\MARTING7.EGB . Page 3 of 35Ree weve cee

EIGHTH:

of the settlor’s husband, Stanford R. Martin, the net
income of the trust estate, be it monthly or more
frequent installments. If the successor trustee
considers that the net income is insufficient, the
trustee shall pay to or apply for the benefit of ‘the
settlor’s husband, Stanford R. Martin, so much of the
principal of the trust estate as is necessary, in lene
trustee’s sole and absolute discretion, for the settlor’s
husband’s maintenance of his proper health, after
consideration of the settlor’s husband’s other income or
xyesources outside the trust estate, known to the Trustee.
The Settlor herein, EMILY G. B. MARTIN, is married to
STANFORD R. MARTIN. They have one adult child and no
predeceased children. Said child of the marriage is
Stanford R. Martin, Jr. The Settlor, EMILY G. B. MARTIN,
has one adult child from a prior marriage. Said child’s
name is George Whitney, III. :
The Trust estate at the time of the creation of this
frust shall consist of the following:

That certain piece of real property commonly known as 325-
Yerba Buena, San Francisco, California;

That certain piece of real property commonly Known as 81
San Andreas Way, San Francisco, California; \
That certain piece of real property commonly known as 288

-Jaanita Way, San Francisco, California; ce
i

(CAWPS1\WILLS\MARTINST.EGB Page 4 of 35Interest in two accounts maintained at the Bank of
america, West portal Branch, 268 West Portal,! san
Francisco, accounts No. 288-8~2699 and No. 2889-01068;
Bank account maintained at M.B.N.A. of Wilmington,

Delaware. :
Miscellaneous furs, jewelry, art, artifacts, household
furniture and furnishings; .
.jMfhe Trustee..shall be restricted in the exercise of
her/his discretion, be it the Trustee or the Successor
Trustee, as follows:
Upon the death of EMILY G. B. MARTIN, all of her ‘curs
shall be sold and the cash proceeds credited to the Trust
Estate.
Should EMILY G. B. MARTIN predecease STANFORD R. MARTIN
or in the event of her death following the death of
STANFORD R. MARTIN, the following items of jewelry,, art
work, silver, furniture, furnishing and accessories shall
be given to Stanford R. Martin, Jr. So long as Stanford
R. Martin is surviving, Stanford R. Martin gre,
conditioned upon his continuing to care for his father,
Stanford R. Martin, shall be able to take possession of
Whatever of the items set forth in this paragraph Ninth-2

as he wishes.

CAWPSI\WILLSUMARTINGT.EGB Page 5 of ‘35ce AR ee cae ne ee

1. All sterling silver flatware table settings
formerly belonging the mother and father of Emily
G. B. Martin, Colonel and Mrs. P. W. Booker;

2. Repose sterling silver including but not limited ‘tor,
(a) two sterling silver vegetable dishes,
(b) sterling silver wooden and silver salad server

including fork and spoon,

wee (ce) ‘carving set, knife, fork, sharpener,
(ad) ice tongs and sugar tongs,
(e) four sterling silver salt shakers,
(f£) four sterling silver pepper shakers,
(g) two sterling silver candelabras, :
[~ (h) two sterling silver candle holders,

(i) one large sterling silver round pedestal bowl
for centerpiece on dining room table,

(3) twelve sterling silver butter plates, ;
K) : five piece sterling silver tea service,
(1) one large sterling silver hot water kettle,
(m) silver plated oval tray for tea set,

3. One gravy ladle,

One knife and fork cake server,

5. One candle snuffer,

6. Four large meat serving forks,

T. One flat pierced cranberry server,

8. One sugar serving spoon,

(CAWPSI\WILLS\MARTING7.20B Page 6 of 3512, One soup ladle,
13. Ten butter knives,
14. Ten steak knives,
15. One poultry shears,
16. Ten dinner knives,

‘ 17. One large heavy serving spoon,
18. One hard sauce spoon,

. 1s. Ten dinner forks,

° 20, Ten shrimp cocktail forks,

r 21. Twenty salad forks,
22. Nineteen tea spoons,
23. Two olive spoons, —

) 224. Two lemon forks,
25. Two pickle forks,
26. Ten after-dinner coffee spoons,
27. Four miscellaneous spoons,
28. Two cheese knives,
29. Two hurricane sterling silver candle holders,
30. Grandmother Clough’s dresser set (16-piece silver
dresser set),
31. One large sterling silver dresser mirror,
32, One large dressing spoon for turkey stuffing,
CAWPSINWILLS\IMARTINGT.EGB Page 7 of 35
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One odd serving spoon,

Four large serving spoons,

one silver crumber set (two pieces),
,33.
4034.
35.
36.
37.

38.

39.

40.

41.
42.

43.

aa.

45.

46.

47.

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One poultry shears,
Nine silver horse show cups, I
Two sterling silver horse show serving dishes,
One pewter horse show pitcher, |
Three large frames with horse show ribbons,
All family pictures in their frames, sterling or
otherwise, |
All of Emily’s paintings and drawings,

The soldier-doll of Colonel Booker’s and all other

dolls,
Colonel Booker’s VMI ring and gold pocket watch,
Colonel Booker’s sabre and swagger stick and) VMI
cufflinks and gold cufflinks, i
Emily’s English rocking horse and stuffed bears and
foxes, |
Fox-hunting horn lamp, i

|
One large antique book case and two small book
cases on each side of fireplace,
One green Chinese 8/ by 10’ rug,
Two small green Chinese rugs in trophy room,
Colonel Booker’s VMI books,
All art books and other books,
One green leather large sofa,
Two red leather chairs,
One red leather ottoman, i

Page 8 of 3556.

57.

63.
64.
65.
66.
67.
68.
69.
70.
71.

72.

Two large horse prints in gold frames, |
One porcelain statue of two English setter dogs,
One bronze statue of Grandfather Clough’s horse
with saddle and bridle, : .
One large statue of English setter dog with
pheasant in mouth,

Two (2) small porcelain statutes of English setter
dogs, oo.

One desk chair, |
one desk,

One red fox-hunting magazine holder, ve
One portrait of a horse’s head painted in oil by
E.G.B. Martin, j
One red fox~hunting coat painting painted by E.G.B.

Martin, |

One horse desk lamp,
One fox-hunting horn lamp with black shade on it,
One large green velvet sofa,

One French Aubosson gold-leaf love seat Louis "yh
Four Louis XVI gold leaf chairs, i
One Louis XVI gold leaf oval marble coffee table,
One Aubosson fire-screen,

Two large light green velvet wing chairs,
Three foot stools,

One Louis XVI gold-leaf foot stool,

CAWPSI\WILLSIMARTINGT.EGB- Page 9 of 35736
74.
75.
76.
77.
78.
79.
80.
gi.
82.
83.

84.

85.
86.
87.
8s.
89.
90.
91.
92.

Three mahogany book cases,

One blue needlepoint chair and ‘pillow,
One square leather-top table,

One large Chinese wood box,

One large wood box in trophy room,

Two mahogany end tables for sofa,

One mahogany pie-crust tilt top tea table,
Two large floor lamps,

One baby grand piano and bench,

Two small crystal lamps on piano,

One large Imani lamp,
{wo small Sevres lamps, blue porcelain, on book
cases,

One large Sevres lamp with bronze base,

Emily’s mother’s small black marble lamp,

One blue Sevres antique brass French mantel clock,
One large brass wood box from trophy room,

All books in living roon,

One French Aubosson gold-leaf fire-screen,

One large Chin Lung dynasty table lamp.

All of Emily's jewelry, excepting that set forth in
Paragraphs Ninth-E and Ninth-F, including, but not
limited to:

(a) four strands of pearls, 1

(b) three pairs of pearl earrings,

(CAWPSIVWILLS(MARTING7.E63 Page 10 of 35|
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(c) one pair of pearl and diamond earrings,

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(d) one diamond watch, |
i
(e). one diamond and ruby watch, |
(£) one black and green enameled necklace| and

earrings to match, . |

(g) Emily’s mother’s gold locket and chain, |

(h) Colonel Booker’s gold pocket watch and cuff
links,

(i) one round diamond rose~shaped brooch pith

-~- pearl in center of rose,

(3) Emily’s mother’s gold and diamond miniature
-" VMI ring,
~~ (k) one diamond and ruby round gold bracelet,
(1) one diamond and ruby teddy-bear brooch, |

7] . (m)~ one diamond and ruby sapphire and encrald
bracelet,
(n)” one small diamond and ruby bracelet, i
(©) three round diamond guard rings, |

(p) one round emerald guard ring,
(a) one round ruby guard ring,

(xr) one round sapphire guard ring,
(8) One 18-carat gold necklace,

(t) One pair of 18-carat gold earrings,

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(a) One long opera+length strand of pearls. |
.

|

(CAWPSINWILLS\MARTING7.EGB Page 11 35

: 9
fn93.

94.
9s.

96.
97.
98.
99.

100.
101.
102.
103.

104.

105.

106.
107.

ics.

ow

One antique mantel~clock of Colonel Booker’s from
the Booker plantation at Langeley Fields, !
Colonel Booker’s fireplace tools,

One French marble lamp table with brass railing

around with hand-painted roses,

Nine needlepoint pillows in living room,
Two petit point and satin small pillows,
One gold silk pillow,

One bric-a~brac with three shelves with Beatrix
|

Potter figurines, ‘

All Beatrix Potter books,

All books on bookshelves in living room,

All ofl paintings by E.G.B. Martin,

Large grandfather clock in front hall, :
one 9’ by 12’ Chinese Ming Dynasty rug in living’
roon,

One 8’ by 10/ royal blue Nickles Chinese rug in
living roon,

One blue and white Ming runner in front of sofa,.
Two 3’ by 5’ dark blue Chinese rugs on each side of
sofa,

One blue Ming Chinese runner in front of fire-

place,109. From the dining room:

-- + (a= (a)- -one-large dining room table with six matching.

(b)
(c)
(a)

(e)

(£)

(h)

(4)

(x)

q)

(mn)

(n)

(0)
(Pp)

CAWPSINWILLS\MARTINGT.EGB

(g)-

gy

(ay

dining room chairs,

one buffet with table cloths in drawer,
ene side-board with table napkins,

two glass china cabinets, one with Dresden

china in it and two sterling silver Repose

vegetable dishes,
‘one large Repose sterling silver water | .
pitcher, |
two large Dresden platters in leaded glass
china cabinet, |

|

one large Dresden cake plate,

two Dresden vegetable dishes for serving,

ten Dresden service plates, - |

rge silver water bottle from Colenei

Booker,
everything in both china cabinets, including

Emily’s mother’s rose patterned tea set,
one Dresden tea pot, i
one Dresden coffee pot, |
two sterling silver children’s cups, |
all Dresden china,
one large Blue Willow platter,

one pedestal Dresden cake plate,

Page 13 of 35
|(r)
(s)

(ty

(u)

(v)

(w)

(x)

ty)

(z)

(aa)
(bb)
(cc)
(dd)

(ee)

(££)

‘CAWPSI\WILLS\MARTING7.EGB

(gg)

1
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one pierced Dresden cake plate,
two lamps on buffet which were Emily’s

mother’s, |
one large gold~framed mirror over buffet,
one large Christmas white linen table cloth

with green and red embroidery with 12 matching
napkins,

i

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two matching Chinese 3’ by 5’ orange
colored rugs, |

one pair of hurricane sterling silver candle
|

holders, |

one white linen flowered table cloth with
green bows and embroidery flowers with 12
matching napkins,
one large ecru oval cutwork linen table eloth

and 12 matching napkins,
one large white linen cutwork table cloth with
12 matching napkins, |

ten cut crystal goblets for water,
ten cut crystal wine glasses, '
ten cut crystal champagne glasses, |
ten cut crystal liqueur glasses, |
ten cut crystal daiquiri glasses,
ten cut’ crystai small glasses,

all Blue Willow china,

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Page 14 of 35110.
111.

112.
113.
114.
115.

116.
127.
128.
iis.
120.
121.
122.
123.
124.

125.

(CAWPSIWWILLS\MARTING7.EGR

(hh). one tall Dresden candle holder,
(ii) one Dresden compote dish,
(33) one small red cut crystal bud vase, |
I
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(kk) one large green cut crystal wine decanter
(11) one 8! by 10° oval red Chinese rug,
(mm) one green rectangular Chinese rug 3’ by 5)
Emily’s mother’s pink breakfast china,

+

.

One long Chinese runner, blue and grey, in hall,

34" by 17",
One two-by-four maroon Chinese rug,
One light blue Chinese 3/10" by 5/9" rug,

One royal blue 3/6" by 5’6" Chinese rug,

" by

One royal blue Chinese rug in Stone’s room, 3/6

5'6",

Two bunk beds, chair, double dresser to match beds

One desk and chair,

Three large book cases, including all books,
One small book case,

All of Emily’s antique dolls,

Two twin beds, two dressers to match,
Colonel Booker’s dresser,

Two dresser to match bed,

Emily’s mother’s light blue dresser in Emily's

bedroom,

One small desk with hand-painted flowers,

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Page 15 of 35126.
. 127.
128.
129.
130.
131.
132.
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135.

136.

137.

138.

139.

140.

141.

142.
143,

One straight~back small chair in art room, |

One large secretary with hand-painted flowers ,
tons
One flower material covered satin chair, |

Four benches for bedroom,
Two small Dresden lamps, ,
Three hand-painted bed-tables with glass tops,
Two small crystal lamps with silk shades, !
Two large Sevres lamps on bed table, !
One small Dresden bed table lamp,

One large 9’ by 12’ beige Chinese rug with black
|

border, .— .- |
One oval beige Chinese rug, 3’ by 5’, with black
border, :
One oblong dark beige Chinese 3‘ by 5’ rug with
dark border, :
One chaise ‘lounge needlepoint with two satin haend-
painted pillows, four lace pillows and three blue
silk flowered pillows,
One half of all Christmas tree ornaments from
Colonel Booker,
Two chairs in art room without arms matching
bedroom furniture.
One small dark wood trundle bed, :
One light blue hand-painted double bed,

One square mahogany end table in trophy room.

‘CAWPSINWILLS(MARTING7,EGB . Page 16 of ‘35TN

c. "Should EMILY G. 5. MARTIN predecease STANFORD R. MARTIN
or, in the event of her death following the death of
STANFORD R. MARTIN, the following items of jewelry, art
work, silver, furniture, furnishings and accessories, a
life estate shall be given to George Whitney, III) and
said- items shall be delivered to him immediately.

‘Following the death of George Whitney, III, the items set
‘forth in this paragraph shall be given to the issue of

George Whitney, III in equal shares.

1. Two sterling silver hurricane candle holders,
2. One after dinner three-piece sterling silver Steff
coffee set and silver-plated round tray,
3. One brass-wood box in living room,
-4, Two small book cases of encyclopedias, “to
5. Emily‘s mother’s mahogany electric clock on mantel,
6. One large Copenhagen vase, light blue with a top,
7. One large red cake plate with painted roses; in
center,
8. One large red cut crystal compote dish, one large
red cut crystal wine decanter,
oo One clear crystal water bottle, |
10. One clear crystal water pitcher from the Bookers
with ab
11. One large red cut crystal vase,
12. AL pressed glassware from the Bookers,

ndle on it,

(CAWPSI\WILLS\MARTINS7.BGB Page 17 of; 3513.
“ya. One pink prayer rug 4’ by 14’ Chinese, fan shaped,
45. One very small light green Chinese rug, round, 1%',
16. Three oriental Persian rugs in the basement, one
large and two small rugs,
17. Two yellow Chin Lung Dynasty vases from living room
mantel now in a box under the piano,
18. One Chinese carved book case with open back,
19. One large Chin Lung Dynasty lamp and shade, :
20. One black, three~panelled Chinese floor screen with
birds painted on it, .
' 21. Colonel Booker’s Coalport black and red china fron
England, Canton design, :
22. One large ecru tablecloth, hand worked with parrots
. and flowers, with 12 matching napkins,
23. One halg of old Christmas tree ornaments from the
i Bookers, :
24. 12 small different colored liqueur cut crystal
glasses,
25. One large purple cut crystal liqueur bottle
26. One large cut crystal bowl,
27. Two open salt servers, small sterling silver,
28. Two salt spoons, very small,
28. Emily's large diamond ring from the Whitneys,

Two Chinese oval 3’ by 5’ green rugs, ‘

(CAWPSINWILLS\MARTINS7,EGB Page 18 of 3530. One sectional Dresden hors d‘oeuvres serving dish,

large, from Gumps.
31. One-half of all Christmas tree ornaments from
Colonel Booker.
De Should Stanford R, Martin, Jr. fail to survive EMILY G.
B. MARTIN and should George Whitney, III survive EMILY G.
B. MARTIN and should Stanford R.. Martin, Jr. have no
heirs and should STANFORD R. MARTIN survive EMILY 6.8.
MARTIN, the following items of personal property axe to f
be given to George Whitney, III conditioned upon George “i fe b “

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home.

1. From the trophy room:
(a) One green leather sofa, |
(b) Two red leather chairs,
(c) One small desk, 1
(a) One large antique bookcase and books,
(e) Three bookcases and books,
(f£) Three desk lamps, |
(g) One large and two small green Chinese rugs.
2. From the living room:
(a) Two large Chinese rugs,
(b) Feur small Chinese rugs,
(c) One large Chin Lung Dynasty table lamp, i

CAWPSIWILLS\MARTINGT.EGB “ Page 19 of 35(ad) Three bookcases,

{e) Two. floor. lamps, : *

(£) One large Imani table lamp,

(9) One large square leather top coffee table,

(h) One small black and white marble table lamp,

(i) All books in the living room.
3. Fron front hall: :

(a) One grandfather clock, ;

(b) Two orange Chinese rugs, . |
4. One oval light green rug between dining room ana

living room. ‘

t
.
6 5. From the dining room: '
~ (a) 3 x 5 green Chinese rug, |
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(bp) Red oval 6 x 10 Chinese rug,
(c) All silver flatware and silver and hollowware.
, Tea set and coffee set, sterling, all table
linens and china.
6. From the breakfast room:
(a) All china and crystal, |

(b) All furniture.

CT, From Emily G.B. Martin’s bedroom:
(a) Everything except jewelry.
8. From the back hall:
(a) 8 x 10 dark blue Chinese rug,
(b) 8 x 12 light blue chinese rug,

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(CAWPSI\WILLS\MARTING7. EGR Page 20 of 35
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9. From the art room: ,
(a) 8 x 10 royal blue Chinese rug,
(b) Tall glass china cabinet,
(c) Tall dark dresser,
(a) Drawing table.
E Upon the death of EMILY G.. B. MARTIN, and should Stanford
R. Martin, Jr. fail to survive EMILY G. B. MARTIN, a life
estate in the following items of personal property are to
be given to George Whitney, III. Following the death of ped €
George Whitney, III, the items set forth in this cot
paragraph shall be given to the issue of George whitney, 7137" ar
~ IzZ in equal shares. ##
1. All of Emily G. B. Martin’s antique dolls,
2. The diamond ring from the Whitneys,
3. All the family pictures,
4. All horse show trophies, :
5. Silver horse show cups,
6. Horse show ribbons. i
FR, The following items of personal property are to be sold
by Butterfield & Butterfield auctioneers upon the death
of EMILY G. B. MARTIN and the proceeds given to the
American Cancer Society:
1. Her mother’s piano and piano bench,

(CAWPSINWILLS\MARTINGT.EGB Page 21 of 352. . All goldleaf Louis VI antique .furniture in the
living room, . .
36 One antique round table, French, with a brass
railing around it and hand-painted roses,
4. One French marble table with goldleaf legs, :
5. One dining room set: 6 chairs, one large dining
room table, one buffet, one china cabinet, one
small table for napkins. ‘
c. Upon the death of EMILY G. B. MARTIN, any and all family
pictures shall be given to Stanford R. Martin, Jr.
He The jewelry, art, artifacts, household furniture’ and
7 furnishings which are the property of the Trust Estate at
~ the inception of this agreement or hereinafter acquired,

Shall be given as set forth in paragraphs NINTH (B) ~

NINTH (H) above and NINTH (J) below.
I. Should EMILY G. B. MARTIN predecease STANFORD R. MARTIN,

thé following items of personal property shall be given”
to STANFORD R. MARTIN: .
1. Large king size bed,

2. Very large long dresser to match bed,

3. One high dresser to match bed,

4. Two bed tables to match bed,

5. One large flowered chair,
6. One 9’ by 12’ dark blue Chinese rug in art room.

‘CAWPSI\WILLS\MARTING7.EGB Page 22 of 35That certain piece of real property commonly known as 288
Juanita Way which is the property of the Trust Estate at
the inception of this agreement or hereinafter acquired,
may be sold or liquidated or transferred or otherwise
disposed of by the sole initial Trustee, in her sole or
absolute discretion. On the death or disability or
incapacity of the sole initial Trustee, the property
shall not be sold or otherwise liquidated or disposed of
by the Successor Trustee. The property may be encumbered
by the Successor Trustee if, in the sole and exclusive
discretion of the Trustee, encumbrance is necessary to
raise funds. which are reasonably necessary to provide for
necessary médical care and/or common necessities for life
of the Settlor, or which are reasonably necessary to
provide for medical care of the Settlor’s husband,
STANFORD R. MARTIN. Upon the death of the last surviving
of” .the Settlor, or the Settlor’s husband, STANFORD R.
MARTIN, a life estate in said real property as then the
property of the Trust Estate shall be given to George
Whitney, III should he survive the Settlor. Should he
fail to survive the Settlor or upon his death the
property shall be left to the issue of George whitney,

III in equal shares. |

(CAWPSIWWILLAIMARTINGT.B0B wee esses Page 23 of 35x. Those certain pieces of real property commonly known as
81 San Andreas and 325 ‘Yerba Buena, which are the
“properties of the Trust Estate at the inception of this
agreement or hereinafter acquired, may be sold or
liquidated or transferred or otherwise disposed of by the
sole initial Trustee, in her sole or absolute discretion.
On the death or disability or incapacity of the sole
existing Trustee, the property shall not be sold or
otherwise liquidated or disposed of by the Successor
Trustee. The property at 681 San Andreas may be
encumbered by the Successor Trustee if, in the sole and

~ exclusive discretion of the Trustee, encumbrance is
~ necessary to raise funds which. are reasonably eee
nee on

to pr: for ne 36 Sary medical care and/or 1
fecessities for life okthe Settlor, 0: he Settlor’s

~“.
husband, STANFORD-R. MARTIN. The property at 325 Yerba

Buena shall not be encumbered under any circumstance

Should STANFORD R. MARTIN survive EMILY G. B. MARTIN, all
rents from.said properties shall be available to STANFORD
R. MARTIN during his lifetime. Upon the death of the
last surviving of the Settlor, or the Settlor’s husband,
STANFORD R. MARTIN, a life estate in said real property,
as then the property of the Trust Estate shall be given
to Stanford R. Martin, Jr., should he survive the last
surviving of the Settlor or the Settlor’s husband,

CAWPSINWILLSIMARTING7.EGB. Page 24 of 35Should STANFORD R. MARTIN, JR. survive the last surviving
of the Settlor or the survivor Settlor’s husband and die
with issue, the real property shall be given upon the
death of the STANFORD R. MARTIN, JR., to the jesue of
STANFORD R. MARTIN, JR. in equal shares. Should Stanford
R. Martin, Jr. survive the last surviving of the Settlor
or the Settlor’s husband and die without issue, the real

. property shall be given upon the death of Stanford R.

‘ Martin, Jr. to the issue of George Whitney, III in equal
shares, : :

L Should Stanford R. Martin survive Emily G. B. Martin and
remarry, cohabit with a person of the opposite sex or
bring any woman into the Separate propécty of mmily op.) y of Emil Y_G.B.
Martin at any time for any reason following the death of ,
Emily G.B. Martin, any such gifts as set forth herein
shall lapse, and any such gifts designated for stanford
R. Martin shall be distributed as though Stanford R.
Martin had pre-deceased Emily G.B. Martin.

M.  séahtora R. martin; x. is instructed to ‘always take care
of his father and not let anyone interfere with these
instructions. He shall have his father live with him the
rest of his father’s life unless Stanford R. Martin
remarries or cohabits with a person of the opposite sex.

(CAWPSI\WILLS\MARTING7.EGB Page 25 of 35N. If, at the time of the death of Emily G.B. Martin, her
brother, Jerry Booker is still living and has need lof
are, Stanford R. Martin, and Stanford R. Martin, ar.
shall take care of him in the residence at 325 Yerba
Buena Avenue. He is not at any time to be placed in| a
nursing home so long as he lives.

TENTH: Should Stanford R. Martin, dr. predecease Emily G. B.
Martin then his bequests as set forth herein, except as
to any bequest where a succession is set forth, shall

lapse.
A. Should this occur, Stanford R. Martin may enjoy all of
- the items bequeathed to Stanford R. Martin, Jr. during
~ his lifetime except as set forth below. Upon the death

of Stanford R. Martin, all of the furnishings at 325
Yerba Buena Avenue that are not bequeathed to George
Whitney, III shall be auctioned at Butterfield &
BG€terfield Auction House and the proceeds to go to the:
American Cancer Society in San Francisco. Should
Stanford R. Martin survive Emily G. 8B. Martin and
remarry, cohabit with a person of the opposite sex or
bring any woman into the separate property of Emily G.B.
- Martin at any time for any reason following the death of
Emily G.B. Martin any such gifts as set forth herein
shall lapse,