1896] Legal Obstacles 



we\ tried various methods of attaining security. 

 Mrs. Stanford made a will in which, after a few in- 

 dividual gifts, the entire remaining estate was left 

 to the University as residuary legatee. But that 

 document also conflicted with a statute of Cali- 

 fornia under which not more than one third of an 

 estate can be left "by will and testament to charity," 

 this being a provision early devised to prevent death 

 bed deeds to the Church. 



The state legislature was accordingly asked in Efforts to 

 1901 to modify the statute in the University's in- jj^jjj* 

 terest; our request was met by the passage of an win and 

 amendment excluding one special form of "charity" testament 

 namely, the endowment of non-sectarian in- 

 stitutions of higher education. The bill was vetoed 

 by Governor James H. Budd, however, and for 

 reasons which I must admit were valid. To legislate 

 against sectarianism is to discriminate in matters 

 of religion a policy foreign to American traditions. 

 My own feeling, as then expressed, was that if Stan- 

 ford were specially relieved, we should help all col- 

 legiate institutions, whether denominational or not, 

 to secure similar exemption. 



At this point the uncertainties surrounding a last 

 will and testament were strongly borne in on us. 

 In California the sanctity of such documents has 

 not always been respected. I had therefore asked 

 the opinion of a legal friend, Mr. E. L. Campbell, 

 as to the possibility of a testator making a disposal 

 of property prospective but not yet in his hands. 

 Replying, he warned me against placing any trust A cold 

 whatever in testamentary acts. This advice, cold P wn 

 and impersonal, was a blow to Mrs. Stanford's hopes, 

 but it stirred her to redoubled effort. 



C 5073 



