SMC Foundation

Seton Medical Center
Documentation
SETON MEDICAL CENTER FOUNDATION

Balance as of 5/31/15
temp
Rochex Lobby/Chapel Fund (Bd. Rest.)
temp
temp
temp
EAS New Life Center

SFHI William Ray Tobias
Breast Center
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
SFHI Research and Education

General Capital Equipment Fund
Infusion Center
New Patient Tower
Women and Newborn
SFHVI Capital
Daly City TB Fund
Clinical Lab & Pathology Ed
MT Liang
Marie Mahoney
Nuclear Medicine Education
Nursing Education
OB Patient Education
Oncology Research
Pharmacy Education
Radiation/ Oncology Education
temp
temp
temp
Associate Assistance
Charity - General
Associate Health
$2,953
$6,635
$6,692
numerous
temp
temp
temp
temp
temp
temp
Brisbane Community
Cardiac Care Unit
Cath Lab Activity Fund
Chapel
Clinical Lab General
Community Benefit
$208
$1,740
$5,460
$7,877
$0
$3,728
several
15
several
numerous
4
several
temp
Diaster Planning & Preparedness
$27,600
2,637
$341,746
$111,580
$101,277
$71,051
$2,500
$382
$1,394,965
$551 '162
$218,546
$4,364
$4,569
$20,832
$37,222
$1,321
$69,307
$3,035
$25,730
$22,696
$5,675
numerous
1
numerous
numerous
numerous
numerous
several
several
numerous
numerous
8
1
many
many
numerous
numerous
25
8 several
9
4
1
1
9
Mother and Infant Wellness

Program
Nursing Education
Capital equipment
Heart Institute research and
education
Capital and Equipment
Needs of Infusion Center
Capital
Labor/Delivery/Maternity
Heart Institute Capital
Tuburculosis
Education
Clinical Lab Education
Education
Education
Nursing Education
Patient Education for OB
Cancer Research
Pharmacy Education
Education
Emergency needs of Associates
Support health care needs of

residents of Brisbane
4 Related Costs
Related Costs
Related Costs
4 Lab Equipment
Community Activities
Plan and Prepare for diaster at
9 SMC
temp
Facilities
Northern California Diabetes Institute
Obstetrics
Oncology General
Outpatient Mental Health
Palliative
Poor Box
Pulmonary Rehab
Radiology General
SMC RotaCare
Stroke Center
Sub-Acute Center
Volunteer Fund in Memory of Bonnie
Graf
temp
temp
temp
West Bay Home Health

Williams Special
SMCC Capital Equip & Renovation
$71,683
$9,478
$58,700
temp
temp
temp
temp
Kitchen Project
Clarice Wagner
Mammography
Disaster Planning
and Preparedness
$6,949
$237
$28,567
$19,080
temp
General Fund
temp
temp
temp
Physical Therapy
SMCC RotaCare
CV Research Alliance
temp
temp
temp
temp
temp
temp
General Fund
Symposia
ACS/Lily fund
Seton Foundation Charity
Golf Classic
Nursing Scholarship Fund (Bd. Rest.)
perm
perm
perm
Sargen
Walsh
Toeniskoetter & Breeding
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
temp
$1,746
$8,504
$38
$269,747
$6,438
$17,721
$846
$26,831
$26,007
$50
$2,144
$10,652
$11,744
37 Facility Improvements
Related Costs
No documentation found
Related Costs
2 Outpatient Mental Health
1 ,Palliative Program
Needs of the poor
Related Costs
4 Equipment and Improvements
Needs of RotaCare Clinic
Related Costs
Care in Center
Volunteer Activity and
Recognition
50 several
Minor Equipment for Discharged
505
13 Patients
1 Lack of Documentation
2
.
3 Capital
3
Repair/Replace Kitchen
.
8 Equipment at SMCC
8
9 Comfort of SMCC Residents
9
1 Equipment and Charity
3
'
7 Plan and Prepare for
7
Disaster at SMCC
SMCC Renovation and Related
purposes
numerous
I
28
several
numerous
numerous
14
1
numerous
many
4
numerous
several
numerous
'
$192,012
$
$
$31
$40
$1,303
numerous
numerous
1
Physical Therapy Related Items

Support RotaCare Clinic
1 Alliance for SFHVI
$752
$2,993
$4,103
$21,983
130,545.49
38,201.22
1
1
1
numerous
1 SFHVI Research and Education

1 Present Symposia
1 SFHVI for Charity
Charity Care
$25,000
$25,000
$50,000
1
1
1
'
Scholarships for Nurses

1 No Documentation
1 No Documentation
1 SFHVI Research & Education
--------
,_
___
perm
perm
Zapolanski
Molera Fund
temp
Skirbal
perm
perm__
Harney Endowment
Mahoney Endowment
Total Temp Restricted:

Total Permanently Restricted:
$10,000
$1,961,752
1
1
$0
$500,000
____
____
$247,8~_
$4,022,616
$2,819,607
1
1
1 SFHVI
1 Care of qualified patients
Expansion of maternal and
1 newborn care
Care of poor and needy at
1 Harney Cancer Clinic
1 E:_ducatio_r1__
__
seton Foundation
LAST WIT J. OF WILLIAM RAY TOBIAS. JR.
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'RA_ Y.
TOBrAS, iR.:
WILLiAM
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t~AR
0 6 2006
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-~esi~~~- ~t San Brun~, California, ~eing sound and.
of
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disposing mind and memory, and not acting under undue influence of any perso!!~ d~ h;~l]~Y ~~~
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"(Jr.~;U!_ . ._- . .t~!;;~'l~~:~-L ."".~~H}f'. ~i:~~;ll ~: .... :-(-j~::.:~-~i,-/, t.~~-~- :~~:~ri~~-u;~:-r
and publish and
d~lare this
Effi.ST:
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I revoke all WILLS and codicils to WILLS

that I. have previously
made. .
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I direct my Executor, hereinafter named, to pay all my enforceable just debts
S:ECONP:
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to be my WILL.
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and funeral expenses as soon after my demise as can lawfully and conveniently be done.
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I hereby give, devise, and bequeath my entire estate, both real and personal,
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_of whatever kind or character and wherever situated as follows:

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Twenty five percent (25%) thereof, to San Francisco State University, for the specific
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purpose stated below;

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b)
Twenty five percent (25%) thereof, to University ofCalifo~a,-~!ffi Francisc~. f,9r
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the specific purpose stated below;

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Ten percent (10%) thereof, to City College of San Francisco, for the specific purpose
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stated below;
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Note: The above three gifts will be directed ONLY to the Schools of Nursing for
Endowment Scholarship Grants, for students that will be training in either
Cardiology or Cardiovascular fields, or training in the Radiation Oncology
Technology Departments;
d)
Ten percent (I 0%) thereof, to Seton Medical Center Hospital, D~y City, California,
for th~ sp\Klific purpose stated below;

e)
Ten percent (10%) thereof, to St. Mary's Hospital Medical Center,
San Francisco,
Califprhlflt for'the specific purpose stated below;

Note: The above two grants will be directed ONLY to Scholarships for Nursing
Students presently" employed at either hospital, and then working as LVN's or
:-
CNA s, for their further medical education.

Special Note: The above five grants (sub*paragraphs a through e) will be given or
awarded in the names ofthe WJLLIAM RAY TOBIAS JR. and the JACQUELYN
HAWK.INS TOBIAS FOUNDATION.
f)
Fivepercent(5%) thereof, to PETER F. PALLARiand JEAN F. PALLARl,jointly,
or to the survivor of them, and if neither of them survive me this gift shall lapse and shall be
distributed to the other residuary beneficiaries according to their respective shares;
g)
Five percent (5%) thereof, to MAXINE T. SFERRAZZA and CHARLES F.
SFERRAZZA, jointly, or to the survivor of them, and ifneither of them survive me this gift shall
lapse and shall be distributed to the otherresiduarybeneficiaries according to their respective shares;
h)
Five percent (5%) thereof, to RENATA K. WUNSCH and DONALD J. WUNSCH,
jointly, or to the survivor of them, and if neither of them survive me this gift shall lapse and shall
be distributed to the other residuary beneficiaries according to their re-spective shares;
i)
Three percent (3%) thereof, to St. Elizabeth's Episcopal Church, South San
Francisco, California;
j)
One percent (1 %) thereof, to my cousin, SUSAN PORTER SELF, and if she fails to
survive me this gift shall lapse and shall be distributed to the other residuary benefipiaries according
to their respective shares;

k)
One percent (1 %) thereof, to my goddaughter, CLAIRE CONRA.GAN SCOMA, and
if she fails to survive me this gift shall lapse and shall be distributed to the other residuary
beneficiaries according to their respective shares; and

1)
I direct my Executor to locate a suitable beneficiary, preferably a senior citizen's
home or local AARP social club, and distribute to such beneficiary my entire VCR video film
library.
Las\ Will of:
William Ray Tooias. Jr.
Page2
FOURTH:
I am mindful of and have intentionally omitted RODNEY EDMOND
TOBIAS, and all of my heirs, related or not, who are not specifically mentioned herein, and I hereby
generally and specifically disinherit each and all persons whatsoever claiming to be, or who may
lawfully be determined to be, my heirs-at-law and entitled to my consideration, except such as are
mentioned in this WILL. Should any person, whether claiming to be an heir or not, contest this
WILL, or any provision thereof, I leave that person the swn of ONE DOLLAR {$1.00) and no more,
in lieu of whatever share of my estate such person would have been entitled to and in lieu of any
bequest to that person contained in this WILL.
FIFTH:
I hereby nominate DONALD J. WUNSCH, Executor of this, my last WILL,
and if unable or unwilling to serve as Executor, then, in that event, I nominate PETER F. PALLAR!,
as successor Executor. I request that no bond shall be required of my Executor.
SIXTH:
I authorize the Executor absolute discretion to sell, lease, exchange, convey,
transfer, assign, mortgage, pledge, invest, or reinvest the whole or any part of my real or personal
estate.
SEVENTH:
a)
I direct my Executor, following my death, to do the following for me:
Coordinate all necessary final arrangements with the Chapel of the Highlands in
Millbrae, California. I have completed and signed all necessary paperwork with them. Xerox copies
oftl)is information is at home, in my safe deposit box and with my attorney, Tom Wearing. (Note:
Any previous information with the Neptune Society is now VOID.)
b)
I request that my ashes be scattered at home, up on the hill under the trees.
c)
If possible, I request that the Vicar of St. Elizabeth's Episcopal Church, South San
Francisco, California, Dr, Lynn E. Bowdish, be present then, and say a couple of prayers for me at
that time. Thank you.
d)
Publish a brief notice of my passing, for two days each, in the following newspapers:
Lase wmor.
William Ray Tobias, Jr.
Pagel
The San Francisco Chronicle; and 'The Gateway" newspaper of Gig Harbor, Washington.
e)
Any of our close remaining fiiends or beneficiaries, as listed in this paragraph, be
extended first to have the opportunity to have now, free and clear, anything in the house, garage,
office or car, for their own use at their homes. Afterwards, any remaining personal property will be
disposed of pursuant to the power in paragraph SIXTH. The persons who may choose such personal
property are as follows:
Donald J. and Renata K. Wunsch; Peter F. and Jean F. Pallari, Charles F. and Maxine
T. Sferrazza; Frank C. and Janet H. Deering; Aileen M. and George K. Hartwick; James G. and
Michelle A. Pallari; Susan P. and Donald A. Self; Claire C. and Vincent Scoma; Richard A.
Hawkins; Cynthia L. Hawkins; and Valerie Hawkins Allen.
f)
Following disposition of all remaining personal property in the home, garage, office
and pump house, and when these areas are empty, and prior to sale of our home, the following items
will be done: repainting both inside and outside if required; cleaning of all carpets and drapes;
professional inside cleaning including the office building outside if required. Further, during this
period professional service arrangements shall be made with both a gardener and local pool se~lce
firm, which arrangements will expirewhen the house is sold, in it's best state.
IN WITNESS WHEREOF, I have hereunto set my hand this 7-.f
JJJ-~
day of ~ ,
I
2004, in the City and County of San Francisco, State of California.
On the date written below, WILLIAM RAY TOBIAS, JR. declared to us, the undersigned,
that this instrmnent, consisting of five pages, including the page signed by us as witnesses, was his
'
Last Will of:
William Ray Tobias, Jr.
Page4
WlLL, and he requested us to act as witnesses to it. He thereupon signed this WJLL in our presence,
, all of us being present at the same time. We now, at his request, in his presence, and in the presence
of each other, subscribe our names as witnesses.
It is our belief that WllLIAM RAY TOBIAS, JR. is of sound mind and memory and is under
no constraint, duress, menace, fraud, or undue influence whatsoever.
We declare under penalty of peljury that the foregoing is true and correct and that this
declaration was executed this
. cl-.
.t:Z - day of :J v 1\ e..
2004, at San Francisco, California.

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Residing at: ")..:.-=!- ;3 {?ley-c.- Sf-.
5et')'l t-'Y"?!YIC;JcO I CA 2'-\-tll 'L
Seton Foundation
MAR 06 2006
Kathy King
las!Willot.
William Ray Tobi&s, Jr.
PageS
Thomas V. Wearing
Attorney at Law
P. 0. Box 1685
Mount Shasta, California 96067
Telephone (530) 938-4289
Facsimile (530) 938-4452
February 27, 2006
Katherine A. King,
Executive Director
Seton Health Services Foundation
1900 Sullivan Avenue
Daly City, CA 94015
Re:
Tobias Estate
Dear Ms. King:

Thank you for your call and your letter. I am enclosing herewith a copy of the last
Will of William Ray Tobias. As you can see, Seton Medical Center Hospital is mentioned in
the Tobias Will and is provided a bequest for specific purposes. Would you please review the
Will, and particularly the two notes which follow paragraph e) on page one, then advise us
whether Seton is prepared to accept the gift under these circumstances.
Thank you.
Very truly yours,
~Thomas V. Wearing
Enclosure
cc: Donald J. Wunsch
Seton Foundation
MAR 06 2006
Kathy King
1b
Thomas V. Wearing
Attomey at Law
P. 0. Box 1685
Mount Shasta, Cal!fomia 96067
Telephone (530) 938-4289

Facsimile (530) 938-4452
September 21, 2006
Katherine A. King,
Executive Director
Daly City, CA 94015
Re:
Tobias Estate
Dear Ms. King:

As you know we represent Donald J. Wunsch, the Executor of the Estate of William
Ray Tobias, Jr. The Superior Court has entered its Order for Final Distribution of the assets
belonging to the estate.
The amount to be distributed to your organization at this time is the sum of
$118,750.87. I am enclosing herewith a Receipt on Distl'ibution and Agreement Regarding
Use of the Bequest. I ask that you obtain the signature of the appropriate official, print that
person's name and title, enter the date of signature, then retum the Receipt and Agreement to
me in the enclosed return envelope. I am also enclosing herewith a copy of your distribution
check. When the Receipt and Agreement has been received in this office the check will be
mailed to you.
The funds which are being distributed at this time represent all but a small part of the
entire estate. A small amount is being held back for preparation of final tax returns, closing
expenses and any unexpected liabilities. You may anticipate a further, very small distribution,
probably sometime next year.
Please note that the estate will be filing income tax returns. A form K-1 (similar to a
1099) will then be issued to each beneficiary reflecting the beneficiary's share of taxable
().
income, if any. This will be required to be reported on the beneficiary's 2006 tax returns. - J'
1{
DW
~~
Katherine A. King
September 21, 2006
Page 2
If there is any question please do not hesitate to contact me.
Thank you.
Very truly yours,
Enclosures
cc: Donald J, Wunsch
Thmnas V. Wearing
Attorney at Law
P. 0. Box 1685
Mount Shasta, California 96067
Telephone (530) 938-4289
Facsimile (530} 938-4452
September 27, 2006
Katherine A. King,
Executive Director
Daly City, CA 94015
Re:
OCT
o.2 2Cf ,,
<oil wI' 1;({~,,,

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Tobias Estate
Dear Ms. King:

Thank you for returning the signed Receipt on Distribution. I am enclosing herewith
the Executor's check in the sum of $118, 750.87.
Thank you.
Very truly yours,
1054.
11-36!1210
1029
William Ray and Jacqueline L. Tobias

Nursing Education Endowment Fund
Scholarships for Nursing Students
t.,oot,
Eligibility Criteria
Candidate must be an associate of Seton Medical Center/Seton Medical Center Coastside
(citizen ofUnited State)
Candidate must be working at Seton/Seton Coastside for at least one year (Male or Female)
Recruitment will be conducted internally
Candidate must maintain at least a B average in coursework in the academic Registered
Nursing program of choice
Application Process
Any associate who has been accepted or currently enrolled in an accredited Registered
Nursing program in the Bay Area may apply.
Submit application to Human Resources along with two letters of recommendation (a
professional recommendation and a personal recommendation) and letter of acceptance in
Nursing School.
Scholarships
OneHtime scholarship awarded to selected individuals on an annual calendar year basis
Scholarship monies in the amount of $2,500H5,000 to be used for tuition, books, licensing
fees, and state certification exams.
Selection Proces's
There Will be a small panel to review all applications and interview candidates
Panel to include:
o Dr. BatTy Chauser, Chair
o Directo1 of Patient Care Services, Linda Hudson
o Director of Seton Health Services Foundation, Katherine King
o Dh'ector of Clinical Education~ and
o Dr. Jay Naraym~, Co-Chah', Clinical Lab, Pathology & Imaging Services
Selection Criteria
Candidates will be evaluated based on need and merit, commitment in nursing, and academic
perfol'mance.
Number of scholarship recipients will be based on the total funds.
Winners will be notified in .writing and acknowledged hospital-wide.
Seton Health Services Foundation will coordinate and disburse the scholarship checks, and
kept in a separate account in the Bank other than Bank of America.
'
-~

SetonMeilli:a.lCenter !Seton 'Medical Centediol:trm&
Fax:
550/ !191 "<6098
Phone: 650/991-5464
FACSIMILE TRANSMITTAL SHEET

FROM,
COMPANY<
PATE<
FIIXNUMBER,
TOTAL NO. OF PAGES lNCLUPlNG COVER,
PHONE NUMBER,
SENDER'S REFERENCE NUMBER<
RE<
ID
URGENT
FOR REVIEW
YOUR REFERENCE NUMBER<
PLEASE COMMENT
PLEASE REPLY .
PLEASE RECYCLE
NOTES/COMMENTS'
T--+
15
OONFIDENI'!AU:rYNdnCE: Cot:~n&n.tW ~th~l'.bt:lMed.
:rnoTECTRD HJJ.ni INFORWm.ON (PHI) i:fpenml. ruul a.en.rltive hlfonnation Jtlfttcd to a p-enon~hcalth taJ.-e. Iti.rbcingfued to you
:dter appro~ alllhltrb::idoo 1rom the patient. or under cltrumrtan~ 1la.t- do not~ patie.nt 11.1l\b..m:iDUon. You. the l"Wpknt. ~
nblip.tcd tn maintain it in a nfc, ~. and mn.fidr.ntiilliUllller. }Zediclrwwwithaut addililllllll pa.U=-t 0lli.Cilt o~ ~ pamltu:d. b)" law iJ:
prohibited. UMUthorlx:ed rt'dilclo;&nre or .f.tilm"e to maintain confidenti;ility mld ~1'!riottyau to pe:naltl~:t deKribed in fedmrltuld nate. kw.
JMPOXrAN'TWARNING:Tfilim~UinimldedforihllR!ofthep:monorentftr1n~ithal!du:ued:mdrn..ayconbin.1nfuonmrmthn
i5 pri\ikgod aud ronfidt"1.1ti&..lhc diAclorntt: of\\hlchiJ gmoerned bf~ lalf, Ifyou ate-IltJt the-intendedr;::tipic:ut. or~~ Qt"
1lgent rctpOn.dble ro dclhttit to the i.l\teruled redplent. yoU IU'C hen:by wtifkd that IUIJ' dilcl.o;~ure. ~. or d4trlbmkm of thll infonn:atl~
UStrktJyPmhlbl~Ifp:rulaverecdR.ithk~bjem:rr,pkuenotlfythe~hntnedlatclyttJ~cfut'n1:nrnordHt:ruc11onof
thete docn:rnentf.
Thomas V. Wearing
Attomey at Law
P. 0. Box 1685
Mount Shasta, Califomia 96067
Telephone (530) 938-4289
Facsimile (530) 938-4452
September 27, 2006
Katherine A. King,
Executive Director
Daly City, CA 94015
OCT 0 2 zcrw
Re:
r~Gthy lana
..,
Tobias Estate
Dear Ms. King:

Thank you for returning the signed Receipt on Distribution. I am enclosing herewith
the Executor's check in the sum of $118, 750.87.
Thank you.
Very truly yours,
First National Bank of Northern CA
6600 MISSION ST
DALY CITY, CA 94014
DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE
INTRODUCTION. In this Deposit Account Agreement and Disclosure, each and all of the depositors are referred to as ''you" and "your". First National
Bank of Northern California is referred to as "we," "our," and "us". This Deposit Account Agreement contains the terms and conditions governing
certain of your deposit accounts with us. As used in this document, the term ''Agreement" means this document, the signature card, a rate and fee
schedule (which may be in the form of a Rate and Fee Schedule, Time Certificate of Deposit, or Confirmation of TJme Deposit, hereinafter called the
"Schedule"), Truth in Sav}ng.s disc/o~ures, a Funds Availability Policy Disclosure, and an Electronic Funds Transfer Agreement and Disclosure, if
applicable. Each of you stgnmg th~ stgna~ure card for a deposit account acknowledges receipt of this Agreement, and agrees to the terms set forth In
the Agreement, as. amended from t~me to ttme. You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in this
Agreement at the ttme ~he !'-ccount t~ opened or subsequent thereto, on a one-time basis or for any period or duration, without changing the terms of the
Agreement or your obhgatton to be bound by the Agreement, and we are not obligated to provide similar wafvers In the future or waive our rights to
enforce the terms of this Agreement.
--DEPOSIT ACCOUNTS. From lime to lime. we may olfer or you may open, a variety of deposit accounts. Each such account (the "Account") Is subject
to t~e general terms and conditions and any. specific. terms and conditions set forth in this Agreement relating to that type of account. If you open
multiple Accounts, you may receive Schedule mformatton for each Account, but this Agreement wlll cover all your Accounts with us. Each of you wlll be
liable to us for any debit balances in the Account, including without limitation overdrafts and Account charges, and you jointly and severally promise to
pay, upon demand, any-and all such debit balances, all fees and charges, and our reasonable attorneys' fees and costS and eXperises of collection,
including but not limited to those incurred aLtr'lai-_and on any appeal. V\lhen you open an Account with us (or change signatories on an existing
Account), we are required by federal law to obtain and retain, copies of personal identification and information to postuvely identify each person
authorized to sign on the Account. In some instances, further verification of identity may be required.
INTEREST. If .your Account earns Interest, the following information applies: {A) Payment of Interest._ We will pay interest at-the annual rate specified
on the Schedule, which does not reflect compounding ('Interest Rate"). The Schedule also sets forth the frequency _of interest-payments, the frequency
of any compoundingand crediting, the interest accrual basis, the balance on which interest will be paid, and any minimum balance reguirements. {B)
Minimum Balance Requirements. The Schedule may specify a minimum balance that you are required to maintain in yourA9CoUnt. If the minimum
balance is nOtmaintained during a :specified period, we, at our option, may not pay interest on your Account and/or,may.charge a fee for that period.
You shouldreview,an"yminimum balance requirements on the Schedule. {C) Initial Interest Rate. The Initial interest rate is the current annual rate of
intereSt-thafwe-_Will.pay,on the specified balance in your Account. We may pay interest at different rates, depending on the.amount deposited and the
type of depositor (individual, business, non-profit organization, etc.). (D) Interest Compounding and Crediting. The Schedule will indicate the interest
compounding and crediting frequency for your Account (If any). Compounding generally means that interest is being accrued on _earned Interest.
Interest-may be compounded more frequently than interest Is credited to your Account. (E) Interest Accrual. We-may accrue interest on your Account
more frequently than we-pay or credit interest. The interest that has been. calculated, but not paid to the Account, Is called accrued unpaid Interest (F)
Changes. wa- have the-right to change the rates and fees in accordance with the terms of the Schedule. We also reserve the right to change any other
term of this Agreement at our sole discretion.
FEES AND CHARGES. Subject to applicable law, you agree to pay us the fees and charges shown In the Schedules as are applicable to your Account
or for other services performed by us. You agree the fees and charges may be changed by us from time to time and authorize us to charge your
account for their payment whether or not each charge results in an overdraft of your account. Existing and future charges may be based upon the
overall costs of providing account services and may or may not be based upon the direct cost or expense associated with providing the particular
service involved. The charges may be based on consideration of profit, competitive position, deterrence of misuse of account privileges by customers,
and the safety and soundness of the financial institution. We will notify you of the changes, to the extent required by law.
BALANCE METHODS. As used in this Agreement, the "average daily balance" method means the application of a periodic rate to the average daily
balance in the account for the period, determined by adding the full amount of principal in the account for each day of the period and dividing that figure
by the number of days in the period. The "daily balance" method means the application of a dally periodic rate to the full amount of principal in the
account each day.
DEPOSIT RULES. The following terms apply to deposits made to your Account: (A) Endorsements. You authorize us to accept transfers, checks, and
other itemsfor deposit to your Account if they are made payable to, or to the order of, any one or more of you, whether or not they are endorsed by you.
You authoriz_e _us to __supply missing endorsements, and you warrant that all endorsements are genuine. All checks and other Items deposited to your
Account shou!d_--be- .endoised payable to the order of us for deposit only, followed by your signature and Account number. All endorsements must
appear on the back Of the check or other item within the first 1-1/2 Inches from the left side of the item when looking at it from the front. While we may
accept non-coriforming endorsements, you will be responsible for any loss Incurred by us due to the delay in processing or returning the item for
payment. (B) Final Payment. All non-cash items (for example, checks) deposited to your Account are posted subject to our receipt of final payment by
the payor bank. Upon receipt of final-payment, the item becomes a collected item. If final payment is not received nr Jf :::~nv u............... h-- __. ___ -"
cashed is later charged back to us under;~ d;:~irn of rr.r... .,..l ....
.u.. _ ____,_
-
-
Accounts, without prior notice and at a
YOUR COMMUNITY BANK DEDICATED
fee we pay or Incur. If an item to be ct
TO TAKING THE EXTRA STEP
or upon any other generally accepted 1
reserve the right to refuse any item fo1
before the close of the banking day m;
11;00 AM or the next banking day. An)
a check if it is received after that time
Mail! Of fice
,
elsewhere In this agreement. (D) Dire
10I 03106
010~76 36
.
Security payments or automatic transfe
DDA Deposit
or preauthorized transfer if you wish to
$118,750.87
Acctll 1883127
any reason, you authorize us to deduct
.00
Cash
In
The Funds Availability Policy Disclosure
r
,, ___
~~rst
~~,:~~nal
so
fnilli"''"MI''@Ki
118,750.87
Checks In
Cash Out
WITHDRAWAL RULES. Th.e following,

your Account in any manner that Is peri
.00
proceSSii---------:-::-:::::=-:::--;:-:-;::;;:-;;;;;;::~;:;"-;,;;-~mUFl{:TIIu~TIU:Nfu~::fi(;N.
TO VERIFY THIS TRANSACTION.
as of the day
the transaction
is
advance.
Withdral"als
and transfers
fro
,
Withdrawal Restrictions
and Overdrafunds in the Account to cover the full an
debits (such as ch~rges) to your Accoun
sole discretion. Withdrawals or debits pr
Account Agreement 10/02
THIS IS YOUR RECEIPT.

PLEASE RETAIN
'
~
f
'
ment are shown above.

''"''"
Transaction number, date and amount o deposlt or pay
,
MEMBER FDIC
TEL-131-9/99
JAN-30-06
08:51
AM
JOHN
AnOI!tNN {):l: PAATY 'MllWT 41TOFU;O" (N,m.l,
Dtt
R-
WHITESIDES~
775
EA
841
P.01
1920
DE-121
t.. ~. ~ ~t
1ll.f1'tiCWl! MO 'AX~.:
Thomas V. Wearing SBN 067957

P.O. Box 1685
Moun( Shas(a, CA 96067
530-938-4289
~30-938-4452
ENDORSED FILED
SAN MATEO COUNTY
NOV
ESTAn' OF
0 1 2005
(1/Am~J):
W1LLIAM RAY TOBIAS, JR.

DECEDENT
NonCE OF Ptm'f10N TO ADMINISTER E:STAT'E

OF (Nmo):
1.
1144 9 6
WILLIAM RAY TOBIAS, JR.
To on heirs, beneldoM5, crod~olll, contingent crodilors, and pe1110no who m~y othervM<o be intor&ofo><l In tho 1\'i/1 or Mllte, or both,
ol (gpealy a# namos by wlticll doeodont ws Mcwrr):
William Ray Tobias, Jr.; William R. Tobias, Jr.; W. R. Tobias, Jr.; William Tobias, Jr.; RJJy Tobias, Jr.
Ray Tobias; R. Tobias
A ffiiTION FOR PROBATE: 1\ao b<len filed by (nomo olf>'Jblior!orj: DQNALD J. WUNSCH
in the! Superior Coull of Collfomia, County of (spocify): SAN MATEO
THE P81TION FOR f'R08ATe roquM!i tho! (nome): DONALD J. WUNSCH
[l) TKE PETffiON roquooto 111 d<ta><lon(i will and rodldl8, If any, boo admilled r., probote. The will and ony codk>lo .,
5.
ClJ T11E PETtriON ro<ru05t9 oulholily 1o tdministat lt1q ootata unaor !he lndaponde<~t AdmlniWofion of El!tntes Act. (TNt
2.
1'10 6PPQntod poroonol !<>pN-Ltt;.,., lo odmin;.tor tho .. toto ollhe ~nl.

avollble (or exam/notion In 1/lO file kept by lila court,
authority W>il allow 111o pon>Onal rep,_.,ntaiN~ lo take nany adions wtllloul Obtaining oovrt opPro'<lll. &to,. taking tt1arn
VtMy 1mportanti!Ctiono, howovor, lh<! pooonat ropr..oen~ will be rcqufrod to give noticQ to interested person unleM they
hal'<! waiVed noUce or con'<!nt&d to lho P"'PMe<iclion.) The indopen06nl..,mlnlsif11t/On IW\horily will be granroo unleM n
'nll!r&SI&d pe,.on fileo an objection lo the P"~ton ond sh<:N/& good caute why lho court 81\oukl not gront IM ull1only.
6. A KEARING on lllo potmon will be hek:l on
DEC 0 5 20[)l
Dell!
b. Addre" of C<>Urt:
nmo: 9:00a.m.
[lJ $11fl1C as noted abOVo
Depl: 14
Rwm.
othOf (J{Iify):
If 'IOU OBJECT to tho gronUng of 1110 poli\oon, you should appear 81 thB l\88nng >tid llol<! your objor;:1Jono or n1e written obj<!no
wrlh tfle cuurt btlh)re fhtJ ht{ltH'Ig. Yavr ilppe.aranco rnay be In peroon or by your attomay,
B.
IF Y,OIJ ARE A CREDITOR oro conVngoot ctudhor of~ di>CtluOO, you mOil file your. dolm with tho court and moll a c:opy r., the
Pf:rsooal rtroll<!n!ativo owolnlod by tO. court within/our mont11a from the dolo of firet ...uonce of"'"""' aa prt>vided rn Prob;Jta
COOil><o<:lloll 9100. Tho ~mo fw nl;ng claims wlll no! oxplro bofofB tour months rrom tho hooling dale nctic;:oO aboVII.
YDY MAY EXAMINE 111 file kept ~Y tho court. If you ore a pernon rnl<irooiOO In tho ostolo, you moy file wi1ll file cour1o Roquo$1 for
Sr>s&l Nolk6 (lorm DE-154) or tho nfing of on invonlory and oppr;alaal or Olrlato ......,!:! or olony p<>btiO<l or occount provlclad In
Prob!rto Codo ..ctlan 1250 A RfK/uosl for ~I Nollc>J lorm Ia available (ram !ho court der1<.
10.
Pofilio<1or
(lo.r:kJross).
CZJ Atlomoy ror potitiooor (Mme): THOMAS V. WEARING
P.O. Box 1685

Mount Sh3Sta, CA 96067
(TfJ!optrono):
,_~____.d'--~-v'----c=-~-=,.,------
530-938-4289
ClJ
{li!Ot-iATVnE 01'
Ft:nJlOiole"
AIT~N FO!'t l'tTrfi.O.to(.;l'l:
lj()H; K~ -.,. I& f'<'bi'<IJOOl, prior tho aopt;on, t>oQinnh>o wdh ltlv wcrdo NOTICE OF PETITION, nd do not prlot tn lnft><maOOn from 1M form
abooo"e ~ q.p(!on. Tho ctlf/tiOt'l (Hl(j ~mra nwmo muU be J)(fn1e'd In ol J.aft f}.pcinl t)'~ lind U. tflxt In tJIIeasl7...po.k\1 type, Print the CUi! oumbtr
01 part of 1\'> cop!ioo. Prlnt nom& pro.l.O by o box Orll( "lho tm ~ ch6c.l<od. Do no! pr1Jll the! ~81/dzod lnafru<IJoo In """"'""'''" tho pAt~ roC'>
nwnOt<t. ltlt rnDitino lnk>rrna<Jon. "'fhv mot...U.I on ltlo
rt!Veo'iO.
/~
DE-120
ATIORNEY OR PARTY 'MTHOUT ATIORNEY (Name, Stat" 8a1 oomDer, and addreS!):
THOMAS V. WEARING SBN 067957

Box 1685. ..
'
M~IJn~ ~ljasta~. C~ ~6067 ...
!
..
~P.O.
TELE~HoN~ NO.:
FOR COURT USE ONLY
'
'
E-MN~.AQOR.ESS (Oona!J:
.ENDORSED FILED
SAN MATEO rniii\ITY
DONALD J. WUNSCH
SUPERIOR COUR! OF CALIFORNIA, COUNTY OF SAN MATEO
400 County Center
STREET ADDRESS:
.f.TIORNEY F9R (Name):
AUG 11 2006
MAJLING ADDRESS:
CITY ANDZIPCOOE:
C:lerk of the Superior court

L. Perez
Redwood City, CA 94063
Ely
BRANCH NAME:
'
'
';,
' ~J"" (~ '530-938~4452
530-938-4289
DEPUTY CLERK
ESTATE OF (Name):
IN THE MATTER OF (Name):
WILLIAM RAY TOBIAS, JR.
OECEOENT
TRUST
OTHER
CASE NUMBER:
NOTICE OF HEARING-DECEDENrS ESTATE OR TRUST
114496
This notice Is required by law.

This notice does not require you to appear in court, but you may attend the hearing If you wish.
1.
NOTICEisgiventhat(name): I)ONALDJ.
(representative cap~city, if any): ,Executot;
WUNSCH
.. '
has fi,led (specify):"
FIRS! AND FINAL REPORT OF EXECUTOR; FOR ALLOWANCE OF EXECUTOR'S C0Mt>1ISSION

f~~J?. 1\'IT9RNEY;S f,EES, FOR ALLOWANCE OF EXTRAORDINARY EXECUTOR'S
. COMMISSION AND EXTRAORDINARY ATTORNEY'S FEES; ANI) FOR FINAL DISTRIBUTION
. ,;
2.
You may refer to the filed documents for more infonnation. (Some documents filed with the coutt are confidential.)
3.
A HEARING on the matter will be held as follows:
a.
b.
Date:
SEP 1 3 2006
Address of court
Time:
shown above
9:00 A.M.
Dept:
14
Room:
is (specify):
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are
available upon request if at least 5 days notice is provided. Contact the clert<'s office for Request for
Accommodations by Persons With Disabilities and Order (fonn MC-410). (Civil Code section 54.8.)
Do not use this fonn to give notice of a petition to administer estate (see Prob. Code, 8100 and fonn DE-121) or
notice of a hearing in a guardianship or conservatorship (see Prob. Code, 1511 and 1822 and fonn GC-020).
p~~
Form Adopted fot Mandatocy Use

Judid.al COu"lcii of Ca/iforrja
DE-120 [Rev. Juty 1, 2005]
NOTICE OF HEARING-DECEDENT'S ESTATE OR TRUST

(Probate-Decedents' Estates)
1 of.2
Prob3~C000661,
1211,
1215, 1216. 1230, 17100
wnw.cowtmlo.ca.gov
American LegatNel. Inc.
WNW.USCourtForms.com
June 22, 2011
Memo to:
Barry Chauser, M.D.

Jay Narayan, Ph.D.
Ed Flynn
From:
David Disend
Re:
William Ray Tobias Jr. and Jacquelyn Hawkins Tobias Foundation

Scholarship
Created in2006, with estate gifts from William Tobias totaling $121,789, the scholarship
was accepted with these restrictions, as quoted from the will:
"grants will be directed ONLY to Scholarships for Nursing Students presently employed
at [the] hospital, and then working as LVN's or CNA's for their further medical
education. [TheJ grants will be given or awarded in the names of the WILLIAM RAY
TOBIAS JR. and the JACQUELYN HAWKINS TOBIAS FOUNDATION,,
As ofMay 31, 2011, there is $115,548 in the fund. With $21,257 having been distributed
:from the fund, this would indicate that there has been investment income of just over
$15,500 added to the account since its inception.
The most recent selection criteria (20 11):
-elaborate on the "presently employed at the hospital" restriction by stating that a
candidate must be "working at least 48 hours per pay period (while attending school),
annual work perfonnance evaluations completed and no disciplinary issues noted."
-add a restriction that a candidate must be a US citizen.
-add an academic performance criteria of "at least a B average in coursework."
-limit the awards to no more than $5,000.
-establish the awards as reimbursements.
At the meeting on the 21st, interest was expressed to modify the award practices to:
-have a Plan B in case the recipient cannot meet the criteria-so that the donated funds
continue to have an impact on lives even if the first chosen recipient cannot fulfill the
criteria.
Tobias Scholarship
June 22, 2011
Page2 of2
-have more flexibility with the time of award, so that a recipient might use the funds over
a longer period of time if her or his need be, perhaps receiving additional funds if the
recipient stays in good academic standing.
-have the selection process begin earlier to enable the recipient to have more time to plan.
-consider paying the educational institution directly to aid cash-strapped recipients.
I have taken these suggestions and drafted them into a criteria statement for 2012. I'll
look forward to getting your feedback and adapting tbis to make it better.
Attachment
I
Seton Medical Center Foundation
Restricted Fund
Scholarship for Nursing Students: 2012 Selection Criteria
Candidate must be working as an associate in good standing* of Seton Medical
Center/Seton Medical Center Coastside for at least one year prior to the
application deadline
*Good Standing is defmed as working at least 40 hours per pay period (while
attending school), annual work performance evaluations completed and no
disciplinary issues noted
Candidate must be working as a LVN or CNA; must be a citizen of the United
States
Candidate must maintain at least a B average in coursework in the acadernic
Registered Nursing program of choice.
Application Process
Any associate who has been accepted to or is currently enrolled in an accredited
Registered Nursing program in the Bay Area may apply.
Submit a completed application packet to the Foundation office no later than
Friday, September 16, 2011.
Application should include the following:
o A personal statement (approximately one page) stating why this
scholarsl1ip is important to you, your short and long tmm goals, and how
you see your future in nursing linking with the Vincentian Values,
o At least two letters of recommendation (a professional recommendation
and a personal recommendation),
o Proof of acceptance to an accredited Nursing School in the Bay Area
o A current Nursing School course transcript if applicable.
Incom]Jiete packets will not be considered.
Attend a panel interview prior to the award being granted
Understand there may be commitment asked of the applicant work at Seton
Medical Center for at least 18 months following the award distribution.
Scholarship
An individual may win a Tobias ScholarshiJJ only once.
Scho1arship(s) may be awarded ammally to one or more individuals.
Award in the amount up to $5,000 may be used for tuition, books and fees, and is
potentially renewable ifthe recipient continues l1is or her st11dies, remains
employed at Seton, and mah1tains a B average or better.
An individual just entering nursing school may receive a scholarship

commitment, subject to meeting the above criteria. T11e distribution of funds will
be deferred until the candidate submits documentation showing they have
achieved at least a B average in their nursing program coursework.
If a recipient can demonstrate hardship, arrangements can be made for some or all
of the award to be paid directly to the educational institution before the sta1t of
classwork.
Selection Process
I
Restricted Fund
Scholarship for Nursing Students: 2012 Selection Criteria
Candidate must be working as an associate in good standing* of Seton Medical
Center/Seton Medical Center Coastside for at least one year prior to the
application deadline
*Good Standing is defmed as working at least 40 hours per pay period (while
attending school), annual work performance evaluations completed and no
disciplinary issues noted
Candidate must be working as a LVN or CNA; must be a citizen of the United
States
Candidate must maintain at least a B average in coursework in the academic
Registered Nursing program of choice.
Application Process
Any associate who has been accepted to or is currently enrolled in an accredited
Registered Nursing program in the Bay Area may apply.
Submit a completed application packet to the Foundation office no later than
Friday, September 16, 2011.
Application should include the following:
o A personal statement (approximately one page) stating why this
scholarship is important to you, your short and long te1m goals, and how
you see your future in nursing linking with the Vincentian Values,
o At least two letters of recommendation (a professional recommendation
and a personal recommendation),
o Proof of acceptance to an accredited Nursing School in the Bay Area
o A current Nursing School course transcript if applicable.
Incomplete packets will not be considered.
Attend a panel interview prior to the award being granted
Understand there may be commitment asked of the applicant work at Seton
Medical Center for at least 18 months following the award distribution.
Scholarship
An individual may win a Tobias Scholarship only once.
Scholarship(s) may be awarded annually to one or more individuals.
Award in the amount np to $5,000 may be used for tuition, books and fees, and is
potentially renewable if the recipient continues l1is or her studies, remains
employed at Seton, and maintains a B average or better.
An individual just entering nursing school may receive a scholarship

commitment, subject to meeting the above criteria. Tire distribution of funds will
be deferred until the candidate submits documentation showing they have
achieved at least a B average in their nursing program coursework.

If a recipient can demonstrate hardship, anangements can be made for some or all
of the award to be paid directly to the educational institution before the stmt of
classwork.
Selection Process
A panel will review all applications and interview candidates prior to making final
selection(s). The panel may award none, one or more scholarships in a given year.
The panel may include individuals representing the following positions
(individuals identified for 2011 selectioncycle):
P.!)i.<'f'Nt!I'sJnl{(),ff[c(;,{S,teplt!IJ1i~)\1.ejlt~1~) ...
o.
o VicePiesidentoiHumanResources(PaftyWhite) . . .
o. VicrPresklentofDevelopment,SelonMedicalCenier Foundation('fBA)
b DirectorofNursioigQuality(Ciinical.Educati0n(Joanne KingsbllrY)
p ;Vic~Pre.sident()fMission Integratiool (Siste!' WillliamEileen ])tum)
[,. Memb'er, Se(onMedical(:enterEoundMioJi.Bom'dofDfrectoo's(Jay
N'~thiyaJt,I'.lIJ)
p Q!Ii~!'Il!arry<:;haiisei;MD;)\1arie.Pln!Icr,.RNj
-{Formatted: Highlight
'Ahn, tina {SMC)

From:
Sent:
To:
Subject:
Ward, Carolyn 0. <Morey.Ward@ropesgray.com>

Wednesday, July 03, 2013 7:11 PM
Ahn, Tina (SMC)
RE: follow-up; PRIVILEGED AND CONFIDENTIAL/ATTORNEY CUENT PRIVILEGE
Tina: I've had a chance to review the documents you provided and to follow up on your email below. Here's a summary
of where ! believe we stand on several of the restricted funds:
1. Harney Endowment: On June 18, we discussed the fact that pursuant to the will of Pauline Harney, Ms. Harney's
bequest is not permanently restricted to the endowment so the fun amount In the Harney endowment fund can
be spent currently. However, we also discussed the fact that the bequest was restricted for use at the Harney
Clinic, which I believe (based on other documents) was probably to provide indigent oncology care. There is no
Harney Clinic currently, but you thought there might be a plaque or some other recognition of the Harney Clinic,
which perhaps has become part of a hospital department. Even if there's no evidence of a Harney Clinic, it
would probably be reasonable for the Foundation's Board to allocate the funds to SMC restricted to care of
Indigent oncology patients. Will you let me know if you need a more definitive statement from me about the
transfer of the funds?
2.
\
\
Mahone Endowm
and the SMC Investment Income Fund: We have been unable to get a clear
answer to e question of how the Mahoney Endowment Earnings and the SMC Investment Income Fund were
created and how they are managed and invested. The amount recorded for the Mahoney Endowment Earnings
fund has not changed recently, so any earnings on the Mahoney Endowment Earnings (and probably earnings on
the Mahoney Endowment as well} are presumably being credited to another fund, perhaps the SMC Investment
Income Fund. As we have previously discussed, if the assets in the Mahoney Endowment Earnings and the SMC
Investment Earnings Fund (together referred to as the "Earnings Funds") were not ~~appropriated for
expenditure" by the Foundatiods board, then UPMIFA provides that the assets in the Earnings Funds
attributable to permanently restricted endowment funds (like Mahoney) continue to be treated
as permanently restricted and would be subject to the UPMIFA spending limitations outlined in my December
io, 2012, memo unless there's a provision in the gift agreement that overrides the UPMIFA provision.
You asked whether it would be possible for the Hospital's board to decide to spend from the Earnings Funds. I
do not interpret either CA law or the Foundation's bylaws as giving the Hospital (as the Corporate Member) the
right to transfer assets from a fund that belongs to the Foundation without a prior decision by the Foundation's
board to do so. In a crisis situation the Hospital could perhaps transfer funds without Foundation approval and
then have the Foundation board ratify the action later, but I wouldn't recommend this approach. The Hospital,
acting as the Foundation's corporate member, can 1'approve the transfer of funds, by gift or loan, between the
[Foundation] and one or more other Affiliates of the Corporate Member and [the Foundation] or to any other
person or entity other than In accordance with the System Authority Matrix ... " Thus, once the Foundation's
board has decided to transfer funds, the Hospital acting as the Corporate Member, can approve or reject the
transfer. This interpretation is consistent with CA corporate fiduciary obligations, which require a corporation's
board to be primarily responsible for management of the corporation's assets. The Foundation's bylaws also
provide that the Hospital {as the Corporate Member) may 11 {e]stablish policy and procedures concerning finance
and resources for the [Foundation] .. .11 This second provision could be Interpreted as stating that the Hospital
could establish a policy for the Foundation that provides for the periodic transfer of funds to the Hospital, but I
would still recommend that the Foundation approve the transfers in order to ensure that they are in the best
Interests ofthe Foundation.
From my perspective, the only truly safe option for the Earnings Funds is to treat them as permanently
restricted and have the Foundation's board authorize annual expenditures/transfers from them that com'p!y
with theCA UPMIFA 7% imprudence threshold. The other possibilities are: (1) ask for CA Attorney
General/court approval to treat the earnings funds as available for transfer to and immediate expenditure by
SMC based on an argument that such action is consistent with the donors' intent that the income on the funds
be used
support SMC; or (2) have the Foundation's board decide that the assets In the Earnings Funds can be
treated as not subject to any endowment restriction and transferred to SMC without AG/court approval,
because the Hospital has a policy (or at least a practice) of moving income earned on endowment funds into a
separate account with the intention presumably that it be available for expenditure and because expenditure of
the income earned on the endowment funds is consistent with the donors' intent. Both of these options
present some risks. I am concerned about asking for AG/court approval to treat the Earnings Funds as
completely unrestricted because I think the Hospital's records may be confusing, the Foundation may end up
looking like it doesn't understand how to manage permanently restricted assets, and any argument for treating
the funds as fully expendable on a current basis may be unpersuasive. I'm also worried about the second
alternative, which requires the Foundation's board to take responsibility for a serious matter that could create
liability If the AG were to determine that the directors had violated their fiduciary obligations and/or CA UPMIFA
in deciding that the Earnings Funds were not restricted and could be transferred. I recommend that we discuss
the Earnings Funds with John before taking any action.
to
3.
flmds for SFHdA (Capital Campaign, SFHVI Ascension Health Valuation Reserve, SFHVIInvestment Income and
SFHVI other): My understanding is that SFHVI currently operates as a department of SMC rather than as a
separate entity. Based on the documents you provided with your email below and other Information l dug up, it
looks like SFHVJ was never dissolved as a corporate entity or formally merged Into SMC. It still exists as a
corporation in the records of theCA Secretary of State, theCA AG's listing of charities, and the IRS Hst of public
charities. It does not make filings with any of these entities, and its corporate status has been suspended by the
CA Secretary of State. I recommend that we seek AG/court approval to transfer the funds to SMC for
appropriate purposes. It's possible that this can or should be done in conjunction with a formal dissolution of
SFHVI. Again, this is an issue that we should discuss with John.
4.
i: There's an email from David Siebert to Robynn Van Patten dated Dec. 16, 2010, which states that
t e Foundation received a response from the donor authorizing the amended use of funds for the Zapolanski
Endowment and the Zapolanski Endowment Earnings.
s.
Ascension Health Valuation Reserve Funds and "Other" Funds: I'm not aware of any information about how
these funds were formed (i.e., board restricted v. donor restricted} but I have no reason to conclude that David
Siebert's recommendations from 2010 regarding these funds aren't still valid. In each case, David recommended
that, unless SMC or the Foundation was able to locate information about how the funds were formed, the funds
should be included on the list to be discussed with the AG.
Please let me know if you have any questions or would like to discuss in more detail. I hope you have a terrific 41h of
July.
Best, Morey
Carolyn 0. {Morey) Ward

ROPES & GRAY LLP
T +1 202 508 4645 I F +1 202 383 9866
One Metro Center, 700 12th Street, NW, Suite 900
Washington, DC 20005-3948
Morey.Warg@ropesgray.com
www .ropesgray.com
Circular 230 Disclosure (R&G): To ensure compliance with Treasury Department regulations, we inform you that any U.S.
tax advice contained in this communication (including any attachments) was not intended or written to be used, and
2
October 22, 1986
Mr. J. J. Brandlin
Vice President
St. Joseph's Hospital
15496 Milldale Drive
Los Angeles, CA 90077
Dear Mr. Brandlin:
It is with sincere appreciation that we acknowledge
receipt of the $100,000 contribution from the Molera
Endowment Fund for care of qualified patients during
the fiscal year 1986-87. As in the past, we will advise
you in advance of a patient's hospitalization when we
wish to utilize Molera funds.
Our Accounting Department has prepared a report
on Molera funding for the fiscal year ended August 31,
1986, and will be sending it to you shortly.
Again, thank you for your support.
r~Cu~ '----,-----
Sincerely,
J~~ -=>l~~~
Sister Florence Urbine, D.C.

Chairman, Board of Directors
President &
Chief Executive Officer
SrF:FCH:sf
cc:
Mr. Arthur
w.
/\
Barron
Suhsidi;~ry
n!'
'L c -,.tl,-, ""'I ln-1ild ( J., I f,lff /11"'"1 IJ.n1 ",'-).,,

\11 H '" -',,., .;,-, .. _ h 'l"id<IIH>I!
"s,-/, PI
tvli<>~inn
Servio::s Cnrror;Jtion
hnu,i~cn
I f,>,,.-r
ln~titut
\-V,~I,>r
// 11 ,_,-,'s I Ji.~''"''' 111;/ilui<'
,\ J,-,/i,-,d ( llfu { ,.,1<'1'' e ;:;,-r. "' lll~liluio' ft>J lll!.'.-Jiodi""'d I J,..,, /,'I'"'''"/
October 21, 1986
Mr. Arthur W. Barron

Executive Assistant
Franciscan Sisters Health
Care Corporation
St. Francis Woods, R.R. 4
Mokena, ILL 60448
Dear Mr. Barron:
This is in reply to your letter asking for our report on Molera funding
for the fiscal period ending August 31, 1986.
To date, Joe Brandl in has approved funding for ten patients on whom we
have furnished him with full documentation in the total amount of
$74,938.07.
The remaining $25,061.53 was ear-marked for Louis Nan and was pending
approval by Mr. Brandlin.
Recently Mr. Nan's insurance company
reconsidered his claim at the insistanc!' of his family. The insurance
company rescinded their original denial and paid the claim. Mr. Brandlin
has been notified through his secretary of the insurance payment on Mr.
Nan's account.
Thank you for your cooperation in this matter.
991-6527 if I can be of further assistance.
Please contact me at (415)
Sincerely,
t?t,z.::U.
Director Patient Financial Services
EJK:vjd
A Subsidiary of Miuion Services Corporation
St. Cnth~l'iHe Hopitn/ On Half Moor~ BAy!H:m Fmnd$co'HfUirt lnJ.titutr W..tf'rn HanJerr's Dif~ASII ltufilld
Miu/on 5f'n>k<'s Fol4Hdatio" &ton MPdl~! Officii! Crtltl!'t"$ Si>IOn ltJ&Iitute for lntf'rnatiol1af D!'v..,/opm<'nl
Griffith
From:
Rogowski~~
Re:
Donor-Restricted Funds
Lisa
Director of Financial Reporting
The FY 87 budget contains $237,782 of restricted charity fund transfers and

$205,968 of restricted fund transfers for other operating purposes for the
three months ended 9/30/86.
Lisa Shufelt and I reviewed the donor funds at SMC and MSF to identify what
funds were available for use. There is more work to be done in this area,
however, our research to date indicates the following recommended uses of
restricted funds for September:
Charity
$ 6,647
$70,851
$77,498
========
Other Operating
$44,031
8,014
. $52,045
Source
SMC Molera Endowment earnings to be used for charity
MSF charity restricted Dinner Dance $18,018
Carl Gellert 25,000
Celia Gellert 10,000
IPA
17,833
Source
SMC- Harney Oncology Clinic
MSF - Harney Oncology Clinic
========
Ruth Apodaca, Radiation Therapy Manager, indicates that the "Harney

Oncology Clinic" refers to the Radiation Therapy department. The Harney
family contributed substantial funds for the construction of the Radiation
Therapy department. Documentation for the $150,000 given by Mrs. Harney in
January, 1986 indicates that the funds wi 11 be used "in support of the
vitally important work of the Pauline E. and Charles L. Harney Oncology
Operating expenses of the Radiation
Clinics at Seton Medical Center."
Therapy department as of 9/30/86 are $52,045--I therefore recommend that
the Harney Oncology Clinic Funds be transferred to offset those operating
expenditures.
There is $122,000 of Harney Endowment fund earnings that can be used for
oncology patient charity. The patient accounting office has been notified
to identify potential oncology charity for future uses.
r""~"'~im~ll]jir~::,~-"1
ocr 151986
li
.!
11436
ADMINISTR.\lt,~t ..j
~-
'"
Page Two
Oonor-Restructed Funds
October 10, 1986
If the retsricted funds are applied in September as outlined, the 9/30/86
actual versus budgeted use of restricted funds will be as follows:
Charity Offset
Other Operating
Actua 1
Budget
Variance
$237,782
$237,782
-0-
52,045
205,968
(153,923)
$289,827
$443,750
(153,923)
;;;::::::::::::::;;::::;;::;;
:;;;;;;::::;;;:::;:::===
:;;:;::;;;;;;;===:;;;
Mr. J. J. Brandlin
Vice President
15496 Milldale Drive
Los Angeles, California 90077
Dear Mr. Brandlin:
On behalf of the staff and patients at Seton Medical
Center, we would like to thank you very much for your
recent letter and check -- we are most appreciative of
this support.
Our Accounting Department is in the process of
preparing the requisite accounting and will forward
this to you in the near future.
Again, thank you for your support. May God continue to
bless you and all the work that you do.
Very truly yours,
Sister Florence Urbine, D.C.

Chairman
Board of Directors
mvg
cc:
Frank C. Hudson
President &
Chief Executive Officer

Executive Assistant
Franciscan Sisters
Health Care Corporation
Mokena, Illinois 60448
A Subsidiary of Mission Services Corporation

St. Cnt/rcrine Hospital On Ifalf Moon
i\~is,io"
Ray~
San Fn:!llci5co Heart fnstituh> Western Hansen's Disens" Institute
s,,,.,,;n's f.'nundntiou e SC"icm !vledicnl Offic"
c,,,r,rs
o S<>ton Institufe! forInternafiona/ Development
SponsorPd and Operated by the Daughters of Charity of Saint Vincent de Paul
~/
Frorn:
Re:
ST. JOSEPH'S MJLERA FUND
Enclosed is a check for $100,000 with related correspondence. This

check is the 86/87 contribution fran the St. Joseph's Molera Fund.
This contribution should be accounted for similar to previous
St. Joseph's Molera contributions.
Please call me if you have any questions.
RSG:pk
Enclosure
cc:
John Ostrander
Sr. Elizabeth Parham
N2 6838
SETON MEDICAL CENTER

1900 Sullivan Avenue, Daly City, CA 94015
(41!i) 991-6464
Received From:
Molera Endowment Funds
For:
Seton Medical Center Charity Care
Date:
September 29, 1986
$ 100,000.00
Fund Account No. 1011_:_200Q__ _

A nonprofit medical center sponsored ond operated
by the Daughters of Charity of St. Vincent de Pout.
THANK YOU
Save for Income T ox purposes

(213) 477-3961
August 29, 1986

Daly City, CA 94015
Attention:
Re:
Mr. Frank C. Hudson, President

Molera Funding
Dear Mr. Hudson:

In line with our practice we are enclosing herewith
checks from St. Joseph's Hospital in the amount of $100,000
drawn on the Molera Fund income.
The funds are to be used
in line with the terms of the Molera Fund and pursuant
to the procedural arrangement we have been following during
the last year.
If you have any questions, please let me
know.
Best regards.
Yours very truly,
JJB:jls
Enclosure
cc:
A. w. Barron, Jr.
Romeo Zavala
0130
$100,000.00
TO
SEI'ON MEDICAL CENIER
THE
ORDER
OF
I
'
DETACH AND RETAIN TH!S STATEMENT

THE ATTACHED CHECK IS IN PAYMENT OF ITF.:MS DESCRIBED BELOW.
IF NOT CORRECT PLEASE NOTII'Y US PROMPTLY.
NO RECE':IPT DESIRED
ST. JOSEPH"S HOSPITAL
DELUXE FORM NWC3
DESCftiP"TfON
DATE
OONATION
FROM MOLE:RA FUNDS
80-02
Va
V2
AMOUNT
June 13, 1986

Executive Assistant
Franciscan Sisters
Health Care Corporation
Mokena, IL 60448
Dear Art:
This is in reply to your letter of June 5 asking for our report
on Molera funding for the fiscal period ending August 31, 1986.
Joe Brandlin to date has approved funding for three patients on
whom we have furnished him with full documentation in the total
amount of $28,107.14.
Additionally, we secured his telephone approval for funding of
five patients on whom we have furnished him with the patient
profiles but not yet the copies of the final bills. These final
bills will be in his hands before the end of June.
This total
amount, including an estimated maximum bill on one of these
patients, is $40,597.29.
The remaining $31,295.57 available to us for the current fiscal
year is nearly all earmarked for patients now in our care, and
we will expedite the documentation and request for approval of
this funding.
If it is satisfactory to you, we would like to send you the full
report, together with all pertinent documentation, at the end of
June.
.L----__
Fran
C. Hudson
ident &
ef Executive Officer
Richard s. Griffith
Vice President &
Chief Financial Offic~r
A subsidiary OllVtission Services Corporation

Sponsored and operated by the Daughters of Charity of Sainl Vincent de Paul
ln//
EDDY J. KUCHAR~
From:
Re:
MOLERA FUND
The following accounts were requested for Molera approval on May 15, 1986.
(Approved by Mr. Brandl in). Final bills have been submitted:
WILLIAM ENRIGHT
GERALD MAHAI
PAULINE HOLIFIED
$ 7,559.39
13,669.94
6,877.81
$28,107.14
The following patients will be requested for Molera Fund as soon as final
bills are prepared for submission (also approved by Mr. Brandlin):~~A
FELIX ARRENDONDO
KATHERINE BUCHLEY
HARRY KUNSMAN
SYBAL BATTAGLIS
HUGH BRANTLEY
$ 4,305. 71
2,087.28
18,859.30
3,345.00
12,000.00
$40,597.29
;;~74-..
~~
p...,.J,-..,
~ ...
iJl
~ ~ ~
b; II./. h~
~ :J"_.r <;.!
TOTAL REQUESTED:
TOTAL FUNDS AVAILABLE:
FUND BALANCE:
EJK:vjd
cc:
Nancy Tam
Lisa Shufelt
$ 68,704.43
100,000.00
$ 31,295.57
t/
""'
.4 voreJ.
::r :i:--<:.l
'

To:
Eddy Kucharski
Nancy Tam
From:
Richard S. Griffith
Vice President & CFO~
~Jj,
Date:
June 10, 1986
Re:
St. Joseph's Hospital/

Molera Endov.ment Funds
Please provide me with the necessary information to support a

response.
Nancy, where does this contribution show in the rronthly financial
statements?
I would appreciate your response by 3 PM today.
RSG:pk
Attachments
"\
1 I lJ/j
-./<.'
.: .
~..
To: RICHARDS. GRIFFITH

VICE-PRESIDENT & CEO
F= mA ' " " ' "
Date:
6/10/86.
Re: ST. JOSEPH'S HOSPITAL/.

MOLERA ENDOWMENT FUNDS
IN RESPONSE TO THE ATTACHED MEMO, THE ST. JOSEPH'S HOSPITAL CONTRIBUTION

FOR THE MOLERA ENDOWMENT FUNDS IN SEPTEMBER, 1985 IS IN THE MISSION
SERVICES FOUNDATION RESTRICTED CHARITY CARE FUND BALANCE (SEE ATTACHED
MSF RECAPITULATION REPORT FOR 9/85). TO DATE, THE FUNDS HAVE NOT BEEN
UTILIZED.
CC:
EDDY KUCHARSKI
NANCY TAM
"'
RECAPITULATION REPORT BREAKDOWN

(
SEPTEMBER 1985
EXPANSION
Grace O'Hanlon
Berkeley Farms Pledge Payment
50.00
100.00
TOTAL EXPANSION FUND:
150.00
MISSION SERVICES FOUNDATION

UNRESTRICTED:
M/M Toich
Doelger Charitable Trust
Grace Thomas
M/M Nicolai
0. Green
Eileen Michael
M/M Bimrose
Helen Hauptvogel
Healy Endowment Fund
Lillian Kopman
CHARITY CARE :
Molera Endowment Fund
Pilar Francisco
CANCER FUND:
Grace O'Hanlon
American Cancer Society Pledge Pmt
CRITICAL CARE:
Mrs. Frank Blum
5.00
45,985.00
10.00
50.00
100.00
25.00
15.00
15.00
1,234.57
5.00
100,000.00
20.00
10.00
1,500.00
10.00
EMPLOYEE HEALTH:
Dr. Edward Furukawa
300.00
HOME CARE/HOSPICE:
M/M Simmons
Emilio Angeles
M/M Cannizzo
M/M Winthal
Lita Krzyzanowski
Eleanor Dodge
Marjorie Dewar
Rose Jackson
25.00
50.00
50.00
98.00
112.70
15.00
100.00
20.00
$149,755.27
/5ro. ou
/0
0 c)
3oD. DD
"/?O.
--ro
RECAPITULATION
SEPTEMBER 1985
ST. CATHERINE HOSPITAL

UNRESTRICTED:
Marijue1 Borges
$===1=00==0=0
SAN FRANCISCO HEART INSTITUTE .

Vlrge1 DaVlS
-.
.$=====25==0=0
TOTAL MISSION SERVICES FND'N
1Jo ItJQ~~~
'1 lr 1
'1/r '6
<1/w
<1/q
(
'ild c,
.'
tf(-
/o
'
o:? J. oo
-s=cr+
5h-!T:
$149,880.27
77ttttL-
--------~--
00
joo.
7'f'f.ro
D
1
/,2..01.57
I tc]:J.ou
1'/'1, 7 75
2.--1
hJ.OO
;oo. oo
:.
v:).oO
llfi, ffifD. ~ 7
"'
\ I
. \'
I

.To:
Griffith
John ostrander
From:
Frank
c.
Hudson
June 9;. 1986

Re:
Draft Letter to
Please collaborate and prepare an immediate response for my

signature regarding the attached letter from St. Joseph's
Hospital in reference to the Molera Endowment Funds.
FCH:jt
. 11436
(815) 469-4888
St. Francis Woods, R. R. 4, Mokena, Illinois 60448
Writer's Direct Dial:

(815) 469-4820
June 5, 1986
Mr. Frank Hudson, President
1900 Sullivan A venue
Daly City, CA 94015
RE:
ST. JOSEPH'S HOSPITAL,

SAN FRANCISCO
Dear Frank:
In September, 1985, St. Joseph's forwarded to you $100,000 of our Molera Endowment
Funds. These funds were to be used during the fiscal period ending August 31, 1986
to cover your needy patients who would qualify for Molera funding. You might wish
to refer to Joe Brandlin's letter of September 9, 1985 (copy enclosed).
Some time during the last half of July, St. Joseph's Board will be meeting. At that
time, I would like to have a report available for them showing your use of the grant.
I would suggest the report include information for each patient as outlined in Joe's
September 9th letter.
ly,
. ~--.--:-c~
''/'-A/~
Barron
Executive Assistant
AWB/cmd
Three miles south of intersection 45 and 1-80- east on St. Francis Road
.,
May 15, 1986
Mr. J.J. Brandlin

Brandlin & McAllister
2220 Tishman Westwood
10960 Wilshire Blvd.
Dear Mr. Brandlin:
Attached are the itemized statements of hospital charges and patient
profiles for the following patients.
WILLIAM ENRIGHT
GERALD MAHAI
PAULINE HOLIFIELD
Thank you for your cooperation.
Sincerely,
Eddy J. Kucharski
Director Patient Financial Services
(415) 991-6527
EJK:vjd
Attachments
cc:
Romero Zavala
c/o St. Anne's Maternity Home
155 Occidental Blvd.
$ 7,559.39
13,669.94
6,877.81
To:
From:
September 16, 1985
Frank C. Hudson
Re:
Molera Fund/$100,000.00
Please process the attached in accordance with established

policy guidelines.
By copy of this memo, I am asking Lee Starcher to prepare a
status report on the utilization of the Molera Fund.
Thank you.
FCH:df
cc: Sister Elizabeth Joseph
H. Lee Starcher
I .
'
September 9. 1985

Daly City, CA 94015
Attention:
Frank C. Hudson, President
Dear Mr. Hudson:

The Board of Directors of St. Joseph 1 s Hospital has
authorized the contribution to Seton Medical Center of $100,000
for its fiscal year September 1, 1985 to August 31, 1986
for Molera qualified patients. Accordingly, I am enclosing
herewith St. Joseph's check on the Molera Endowment Fund
in the amount.of $100,000. You are authorized to use this
for hospital medical care of such patients who qualify for
Molera Fund support. As in the past, St. Joseph 1 s Hospital 1 s
board will make the final determination as to qualification.
We would, therefore, appreciate your continuing to advise
us in advance of hospitalization of each patient for whom
you request Molera Funds and we shall continue to process
your applications in the same way as in the past except
the funds will have already been delivered to you subject
to the abov~ restrictions.
If you have any questionsr please
let me know.
Best regards.
Yours very truly,
ALLISTER
JJB:jls
Enclosure
cc:
Sister Florence Urbine

Chairman of the Board
A. W. Barron, Jr.
j, __
L'''--
61 2 9

1900 Sullivan Avenue, Daly City, CA 94015
Date:
(415) 991-6464
Received From:
Molera Endowment Funds
For:
Seton Medical Center Charity Care
September 16, 1985
$ 100,000.00
Fund Account No._10ll;2000

'l'U .dMV VIHr
. SETON
MEDICAL CENTER
,,
. -. - ,.-,,
_.;::::::
c.
Hudson\
Date:
September 16, 1985
Re:
Mol era Fund/$100.,000 ~0
:_:;:_:~J:~r
':: s}': >
: <>'
Frank
MEMORANDUivl
Fronl.:.
.----,
Please process the attached in accordance with established.

r:),.:t ....... ; ' ,pplicy guidelines.
. . . . ..
,(
; /:;;' '(ii'.'.'
:~c~: ;;;;. }c;,)::~~:i~opy
.:f
askf~g L~~
p~epar~ ;a
,of this inemo';

am.
. Starcher to
status . report on the utilization of the Moler a Fund.
Thank you.
FCH:df
cc: Sister Elizabeth Joseph
H. Lee Starcher
SETON MEDICAL CENTER.
MEMORANDUM
To:
Donna Wlodarek
Da~:
8 May 1984
From:
Lou Coloia
Re:
Donated Land (Molera)
Neal forwarded to me your memo of 12 March 1984 regarding

the Molera donated land.
I would appreciate receiving
any background information you might have regarding this
donation -- date received, terms of donation, etc.
Also, was the donation of this land made separate from
monies received via the MOLERA PRINCIPAL FUND and the
MOLERA INTEREST FUND referred to in the revised Charity
Policy?
Thank you for your assistance.
LSC:djw
attachments
cc:
/, I~-----;(:
v- ,_.
,'
Sister Florence Urbine

R. Neal Gilbert
(I
(r
\\
/._, ,
,_
:.
\)
'
'
I'

SETON
MEDICAL CENTER
'
~:r
/ r ''rrv }
MAR l3 1984
R. NEAL GILBERT
MEMORANDUM
<>t
R. Nea 1 Gil bert

Senior Vice President/C.F.O.
From:
.RECEIVED
Donna Wlodarek ;JIY~~'

Asst. Director of Finance
Date:
Re:
March 12, 1984
Donated Land
(Mol era)
In response to your transmittal memo regarding the Molera donated

land (see attached copy), no, we do not carry this land on our
books. According to previous hospital policy, donated land is not
recorded until it is disposed of. Please let me know if you would
like this policy changed.
DW/khd
nn
mary's help hospital
sullivan ave., daly city, calif. 94015

telephone (415) 992-4000
1900
January 18, 1983

'IU:
Board of Directors
FI0-1:
Rex G. Chase,
SUBJECr:
FRANCISCAN SISTERS OF THE SACRED HEARl'

DISTRIBUI'ICN OF loDLERA FUND PROCEEDS - STATUS REPORI'
President~
Attached for your information is a slJlllllary of the activity of the Franciscan Sisters of the Sacred Heart Molera Fund during 1982.
Twenty accounts have been sutmitted to this fund.
patient days and $89,262.
These represent 111
Fund guidelines specify that proceeds should be used for the health care
of indigent and worthy individuals. Only patients who are not receiving
benefits from government or private insurance will be considered for the
Molera program.
Maximum available to Mary's Help is $100,000 per year.
The program
started operations in February, 1982. A protocol agreement for the distribution of the Molera Fund proceeds is attached for your information.
No
patients presented for funding have been rejected.
IGC:mcf
Attachments
FlWCISCIIN SISTERS OF THE SACRI?D HEART

K>IERA FUm
Status Report as of Deoeslber 31, 1982
Patient
Date of
Service
Total
Charges
Statement
Fwd'd On
Payment
Rec'd On
1 Alice Villa
02/18 - 02/25
$ 5,857.90
03/17
04/23
2. Zoila Magana
03/01 - 03/03
1,165.45
03/17
04/23
3. Delia Verdusco
03/02 - 03/04
2,457.05
03/17
04/23
4. Eloisa Villa
03/03 - 03/05
1,985.15
03/17
04/23
5. Blanca Rebuelta
03/04 - 03/10
4,839.00
03/17
04/23
6. Delfina Lopez
03/16 - 03/21
4,533.95
04/07
08/31
7. Victoria Millan
03/17 - 03/21
3,812.20
04/07
08/31
B. Soory Nairna
03/25 - 03/29
3,860.65
04/07
08/31
9. Clara Santos
03/06 - 03/12
4,830.25
04/21
08/31
10. Servando Abaya
04/16 - 04/30
11,167.58
05/06
08/31
11. Jovita Rebuelta
07/20 - 08/05
14,178.04
08/16
08/31
12. Donald Haratani
08/09 - OB/11
5,698.87
08/16
08/31
13. Felicita Rolan
09/17 - 09/25
5,020.11
10/18
11/08
14. Debra Robinson
10/06 - 10/07
534.77
10/18
11/08
15. Mingo Foster
10/06 - 10/13
4,893.13
10/20
11/08
16. Elsa Overton
10/30 - 11/04
4,092.59
11/08
17. Josef a Hernandez
11/13 - 11/15
2,737.55
12/15
18. I.oneva Rushing
11/18 - 11/22
1,527.59
12/15
19. Rosalinda Puno
11/21 - 11/23
3,073.02
12/15
20. Jose Rodriguez
11/30 - 12/02
2,797.23
12/15
Total Charges
$89,262.08
,...
Remittance To Date
$75,034.10
Outstanding Balance
$14,227.98
...
---------------------~~~
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P.R:iltXXL RR DISI'RIBJTial CP HlLERA PtHl PRXEEil9

(Effective Felxuaey, 1982)
Consistent with.the philosophy, beliefs and professional health care goals of

the Franciscan Sisters of the Sacred Heart and the Daughters of Charity of
St. Vincent de Paul, indigent and worthy individuals have a right to needed
health care services. Historically, Mary's Help Hospital has been a strong
~vocate and supporter in rendering health care to all patients regardless of
their status or financial ability. It is within this framework that this protoool is sutmitted to St. Joseph's Hospital of San Francisco which was, for
nore than 70 years, SfX)nsored by the Franciscan Sisters of the Sacred Heart.
During the period of Franciscan Sisters sponsorship, there was given to St.
Joseph's Hospital by the will of Francis M. M::>lera a fund the ino::xne of which
is to be used for health care of needy and worthy individuals. All individuals benefiting fpam this ~am shall meet the requirements as stipulated in
the Molera bequest.
-Patients who present themselves for health services at Mary's
Help Hospital and who identify themselves as worthy and needy
and are not receiving benefits fvam Medicare or hospital insurance will be considered for the Molera program.
""''
-Personnel of Mary's Help Hospital will investigate the eligibility of such patients and provide a reoommendation to an Associate l'ldministrator pronptly. Arrf reconrnendation for approval
of a patient for the Molera program must be based upon clear
evidence that the patient is indeed worthy, needy and not
receiving benefits from Medicare or hospital insurance.
~./
-In the event the Associate Administrator of Mary's Help Hospital

ooncurs in the reoommendation of approval, the Associate Administrator, or his designee, shall telephone one of the following
members for the Management Comni.ttee of St. Joseph Hospital:
Arthur
w.
1 ...-
Barron
J .J. Brandlin
and request that the subject patient be allocated Molera funds

for health services. An estimate of the charges will also be
provided by Mary's Help Hospital.

--If verbally approved by either of the above representatives of
St. Joseph's Hospital, Mary's Help Hospital will pranptly sul::mit
a profile of the patient as per Exhibit 1.
-concurrent with
shall be advised
tal that payment
the I>k>lera Fund.
the above action; the patient and/or family

appropriately in writing by Mary's Help Hospifor the required services is being provided by
(Exhibit 2).
-uiX>n a:xnpletion of the awroved services, an itemized hospital

bill shall be sent to St. Joseph's Hospital and, up:>n a:pproval
by its Board of Directors, funds shall ~tly be disbursed to
Mary's Help Hospital fran the M:>lera Fund.
v'
,.
EXHIBIT 1
PATIENT PROFILE FOR
MOLERA FUNDING
ST. JOSEPH'S IIOSPITAL
c/o J. J. Brandlin
10960 Wilshire Blvd. #2220
Los_Angeles, CA 90024
NAME OF PATIENT=----------------------------------~DATE OF BIRTH: ________

ADDRESS=----------------------------------~~~RRIED:
____________________________________SINGLE: -------------TELEPHONE: ____________________________________
NAME AND ADDRESS OF EMPLOYER:
NAME AND ADDRESS OF SPOUSE'S EMPLOYER:
IF UNEMPLOYED, GIVE REASONS:

WEEKLY TAKE HOME PAY OF PATIENT AND SPOUSE:
--------------------------------------------------
WEEKLY TAKE HOME PAY OF PARENTS, IF PATIENT IS A MINOR:

NU~IDER
AND RELATIONSHIPS OF OTHER DEPENDENTS:
NAME OF PATIENT'S PRINCIPAL DOCTOR: _______________________TELEPHONE _______

NATURE OF CONDITION REQUIRING HOSPITALIZATION: _____________________________
ESTIMATE OF NUMBER OF_ DAYS OF HOSPITALIZATION: _____________________________

ESTIMATE OF HOSPITAL EXPENSES:
$------------------------------------------
IS PATIENT QUALIFIED FOR MEDICARE, MEDICAID OR OTHER GOVERNMENTAL PAYMENT

OF HOSPITAL BILL?
IF SO, WHICH? ________________________________
DOES PATIENT HAVE HOSPITAL INSURANCE? ______________________________________
DOES PATIENT HAVE ASSETS OF AUT0!10BILE, FURNITURE AND FURNISHINGS,
CLOTHING AND OTHER PERSONAL PROPERTY WORTH IN EXCESS OF $5,000? ___________
IF SO, WHAT? ___________
EXHIBIT 2
Mary's Help Hospital
1900 Sullivan Averme
Daly City, CA 94015
Date--------------~
Dear.________________
The Franciscan Sisters of the Sacred Heart is a Roman Catholic religious congregation of wanen located at St. Francis "I'K:Jod, Route 1, Mokena, Illinois
60445. At the time the Franciscan Sisters sponsored St. Joseph's Hospital of
San Francisoo, they received a bequest under the will of Francis M. Molera to
be used to provide health care for worthy and needy individuals.
we are
pleased to inform you that the successors to the Franciscan Sisters of the Sacred Heart who serve on the Board of Directors of St. Joseph's Hospital have
ar:proved your request for funds to defray the cost of your health services at
Mary's Help Hospital.
Very truly yours,
PROTOCOL FOR DISTRIBUTION OF MOLERA FUND PROCEEDS

(Effective February, 1982)
Consistent with the philosophy, beliefs and professional health
care goals of the Franciscan Sisters of the Sacred Heart and
the Daughters of Charity of St. Vincent de Paul, indigent and
worthy individuals have a right to needed health care services.
Historically, Seton Medical Center has been a strong advocate
and supporter in rendering health care to all patients regardless of their status or financial ability. It is within this
framework that this protocol is submitted to St. Joseph's
Hospital of San Francisco which was, for more than 70 years,
sponsored by the Franciscan Sisters of the Sacred Heart.
During the period of Franciscan Sisters sponsorship, there
was given to St. Joseph's Hospital by the will of Francis M.
Molera a fund the income of which is to be used for health
care of needy and worthy individuals. All individuals
benefiting from this program shall meet the requirements as
stipulated in the Molera bequest.
Patients who present themselves for health
services at Seton Medical Center and who identify
themselves as worthy and needy and are not receiving benefits from Medicare or hospital insurance
will be considered for the Molera program.
Personnel of Seton Medical Center will investigate
the eligibility of such patients and provide a
recommendation to an Associate Administrator promptly.
Any recommendation for approval of a patient for the
Molera program must be based upon clear evidence
that the patient is indeed worthy, needy and not
receiving benefits from Medicare or hospital insurance.
In the event the Associate Administrator of Seton
Medical Center concurs in the recommendation of
approval, the Associate Administrator, or his/her
designee, shall telephone one of the following
members for the Management Committee of St. Joseph
Hospital:
Arthur W. Barron
J. J. Brandlin
and request that the subject patient be allocated
Molera funds for health services. An estimate of the
charges will also be provided by Seton Medical Center.
PROTOCOL FOR DISTRIBUTION OF MOLERA FUND PROCEEDS

PAGE 2
If verbally approved by either of the above representatives of St. Joseph's Hospital, Seton Medicai
Center will promptly submit a profile of the
patient as per Exhibit 1.
Concurrent with the above action, the patient and/or
family shall be advised appropriately in writing by
Seton Medical Center that payment for the required
services is being provided by the Molera Fund.
(Exhibit 2.)
Upon completion of the approved services, an itemized hospital bill shall be sent to St. Joseph's
Hospital, and upon approval by its Board of Directors,
funds shall promptly be disbursed to Seton Medical
Center from the Molera Fund.
'
EXHIBIT 2
Daly City, CA 94015
Date__________________________
Dear___________________________
The Franciscan Sisters of the Sacred Heart is a Roman Catholic
religious congregation of women located at St. Francis Wood,
Route 1, Mokena, Illinois 60445. At the time the Franciscan
Sisters sponsored St. Joseph's Hospital of San Francisco,
they received a bequest under the will of Francis M. Molera
to be used to provide health care for worthy and needy
individuals. We are pleased to inform you that the successors
to the Franciscan Sisters of the Sacred Heart who serve on
the Board of Directors of St. Joseph's Hospital have approved
your request for funds to defray the cost of your health
services at Seton Medical Center.
Very truly yours,
...........................
--.)~... ----------~;
1)/ /1
' //~?}6,. ' .\

'
II.
\
LAW OFFICES
CARL WILLIAM ANDERSON
ANDERSON, McMILLAN & CONNOLLY
MAILING ADDRESS
CYRUS .J. McMILLAN
1450 CHAPIN AVENUE
P. 0. BOX 471
HUGH F. CONNOLLY
BURLINGAME, CALIFORNIA 94010

TELEPHONE
348~2588
August 7, 1978
Hr. Dave Harrison

Hary's Help Hospital
Daly City, California
94015
Dear Dave:
Re:
Estate of t1olera __..../
Please find enclosed a copy of an August 4th letter and

attached documentation relative to the 11olera Estate and
specifically to the Promissory Note due to the Hospital and
secured by a Deed of Trust on the BiE Sur property.
The documentation is detailed and comnlex, and because of
the number of parties involved, this matter continues to move at
a pace >vhich is less than rapid.
That basic dispute v7ith the debtors was an allegation on
their part that they were entitled to be excused from paying one
year's interest because of the fact that they had not been able
to get a permit to put in a road into the property.
Our position has always been that we never agreed to waivF any interest,
but that if they had put the road on the oroperty, we would accept that as a payment in kind, in lieu of a cash payment of one
year's interest.
The principal purpose of the agreement from our standpoint
was to get an acknowledgment in writing that there were no defenses of any kind, and that the note is enforceable according
to its tenor.
Because of the history of attempts to develop this property,
the hospitals have gone to great lengths to avoid being in a
position where thev would have to take back their title.
If for
any reason the State of California does not complete the acquisition, it would still, in my opinion, not be in the interest of the
hospitals to acquire title to this property on a foreclosure.
All
the information which has come to me over the years is to the effect
that the property cannot be developed on any financially sound basis
because of the onerous restrictions placed on the development by the
State and local government agencies.
Mr. Dave Harrison

!:-1ary' s Help Hospital
August 7, 1978
Page 2.
The letter requests a return of the signature page to

the l1odification Agreement by August J.O. This may not be possible, but at the earliest possible time, I would recommend that
the signature page to the Agreement be executed by Sister Florence
and her signature requires acknowledgment by a notary public.
I am available to answer any questions which you may have
regarding the transaction.
Yours truly,
H~onnolly
HFC:jb
Enclosures
HOGE, FENTON, JONES
& APPEL., INC.
ATTORNEYS AT LAW
2801 MONTRf;Y-SALINAS HIGHWAY
POST OFFICE BOX 791
. MONTEREY, CALl FORNI;( 93940

3731241
AREA CODE 408
August 4, 1978
Mr. Hugh F. Connolly
Anderson, McMillan & Connolly
Post Office Box 471
Burlingame, California 94010
Mr. George M. Carr

Carr, Smulyan & Hartman
1620 Russ Building, 235 Montgomery
San Francisco, California 94104
Mr. Ray E. McDevitt

Hanson, Bridgett, Marcus, Milne & Vlahos
One Kearny Street
San Francisco, California 94108
Mr. Thomas F. Stack

1611 Borel Place
San Mateo, California 94402
Re:
Molera Estate
Gentlemen:
The purpose of this letter is to give you a current update on our negotiations with Long
and Lerer and to recommend to you a prompt course of action on behalf of the hospitals.
We hold $88,000 in our trust account subject to the terms of the proposed Modification
Agreement previously discussed. We cannot release these funds unless and until the
hospitals have signed the Modification Agreement and the pending Notice of Default is
rescinded.
We also currently hold the Modification Agreement signed by Mr. Long and Mr. Lerer.
We have received signed subordination agreements from both banks which have record
interests subordinate to the hospitals, but these agreements are lacking in some required
technicalities which prevent them from being recorded. The correction of these technicalities is underway. However, the lack of formality does not affect the substance of the
subordination agreements.
Messrs. Long and Lerer feel that they cannot make the payment which was due on July 18
until the old Notice of Default is rescinded. They feel if they make this payment and then
for some reason they cannot correct the technicalities as we have demanded, they would
stand to lose the property and would have virtually thrown away the $88,000.
They claim to be using due diligence to complete the formal requirements and promise
that as soon as this is done and we rescind the pending Notice of Default they will pay the
installment currently due.
i!
I!
..
1
I
We feel that it is essential that the necessary steps be taken to enable us to distribute the
$88,000 currently held to the hospitals. We also feel that it is essential that all prior
...i
I
SAN lUIS OBISPO OFFICE
SAN JOSE OFFICE
1043 PACIFIC STREET

SAN lUI& OBISPO, CALIFORNIA 83406
4 NoRTH SECOND STREET

&AN JOSE, CAI..II"ORNIA ~5113
(805) 5443830
(408} 2878501
..
-2disputes which complicate foreclosure be immediately resolved so that any further default
by these gentlemen can be remedied without the expense and complication which we are
currently undergoing.
In order to distribute the $88,000 presently in hand it will be necessary to immediately
sign the Modification Agreement and rescind the pending Notice of Default. once we
have signed the Agreement and rescinded the Notice of Default we can then distribute the
$88,000 we now hold and file a new Notice of Default which should not be subject to any
serious challenge. Since all prior claims of Long and Lerer regarding waiver of payments
or deferment of payments will be resolved by the Modification Agreement, it will be
difficult for them to develop a serious challenge to a current foreclosure proceeding based
on the failure to pay the installment due on July 18, 1978.
In view of this situation, we recommend that the hospitals execute the Modification
Agreement and return it to us for recording. Upon recording that Agreement, we will
likewise record a rescission of the prior Notice of Default and distribute the $88,000 held
in our trust account. Finally, we will inform Mr. Tamraz that unless the July 18 payment
is made within five days, we will file a new Notice of Default which will require for
reinstatement of the note payment of both the $88,000 due on July 18, 1978 and all of the
prior payments deferred under the Modification Agreement.
Our reasons for this recommendation are as follows. If the Agreement is not executed by
the hospitals we are faced with the situation as it was in December of last year, in which
there are factual disputes subject to conflicting interpretations concerning waivers, prior
agreements and the like. Second, the claim has been raised that the Notice of Default
filed in December was defective and improperly served. Third, the hospitals are probably
not entitled to the $88,000 payment presently held in our trust account if the Modification
Agreement is not executed.
By executing the Modification Agreement we eliminate completely any claim of waiver,
estoppel or the like based on actions prior to the date of that Agreement. By full performance of all of their obligations under that Agreement (i.e., filing the rescission of the
prior Notice of Default) the hospitals immediately become entitled to the distribution of
the $88,000 held in our trust account. If the December Notice of Default is rescinded, and
it is necessary to file a new Notice of Default, the procedure can be monitored by this
office to ensure that the Title Company does it properly. Finally, this puts us in a clear
position to demand full performance of all current and past obligations, including the
default of July 18, 1978.
The reason the Modification Agreement has not been signed to date is that we have been
awaiting delivery of subordination agreements which can be recorded so that Title Insurance and Trust Company will issue an updated policy of title insurance upon recording the
Modification Agreement. While we do not have those agreements in recordable form, we
do have a subordination agreement signed by the Mitsui Bank and a subordination
agreement signed by Ocean State Bank. While these documents do not fully satisfy the
Title Company's requirements, they do provide significant substantive protection against
any claim by those banks that the Modification Agreement places them in a prior position.
The only other holders of record interests in the property at this time are Mr. Lerer, the
De Eston Company and Winnie Muk. Mr. Lerer has of course signed the Agreement itself
and thus would be estopped to protest its effect on his subordinate interest. The De Eston
Company has been represented to us as being wholly owned by Mr. Long, and thus the risk
'
~~
'.
"
-3-
of its not being estopped as well would appear slight. The only other record interest
belongs to Winnie Muk, and that interest is so remote that the risk involved again seems
minimal.
It therefore appears that the hospitals risk very little and can gain a great deal by signing
the Modification Agreement and rescinding the pending Notice of Default. We therefore
strongly recommend that the Agreement be signed and returned to us promptly along with
authority to rescind the current Notice of Default. Once we have the signed Agreements
in hand we will:
1.
Deliver the Agreements to Long and Lerer;
2.
Rescind the Notice of Default;
3.
Distribute the $88,000 to the hospitals;
4.
Demand immediate payment of the current installment due; and
5.
Record a new Notice of Default if the current installment is not received

within five days after delivery of the Agreements.
Unless we accomplish the above there is serious risk of loss of entitlement to the $88,000
on hand. If the State abandons its effort to acquire the property, we will, at the very
least, have to litigate the rights to the $88,000. Under Proposition 13 and the uncertain
public financial situation the State could certainly abandon its efforts to acquire this
property.
If this proposal is acceptable to you, and we hope that it is, please obtain the notarized
signature of the hospital which you represent on the separate signature page which is
enclosed with this letter, and return it to me as soon as possible. If this approach is to be
really successful, we need to record the Modification Agreement by August 10, 1978 if at
all possible, so your prompt response will be appreciated.
I have also enclosed a copy of the agreement executed by Mr. Lerer and Mr. Long for your
files.
NMK/lb
Enclosures
AGREEMENT
This agreement is made and entered into on the day and year hereinafter set forth
by and between PHIL LONG, a single man, and HARVEY LERER, a .married man,
("Obligors") and MARY'S IIELP HOSPITAL, THE GARDEN HOSPITAL, ST. JOSEPH'S
HOSPITAL and ST. MARY'S HOSPITAL ("Beneficiaries").
This agreement is made with reference to the following facts:
A.
On the 19th day of July, 1972 Obligors executed a Promissory Note
, in the principal amount of $1,100,000.00 in favor of JOHN E. TROXEL as Executor of the
Will and Condicil thereof of FRANCES M. MOLERA, deceased, together with a Deed of
Trust in favor of said JOHN E. TROXEL for the purpose of securing the payment of the
indebtedness evidenced by said promissory note and other obligations as set forth in the
Deed of Trust, which Deed of Trust was recorded ns Instrument No. G 25648 on July 19,
1972 in Reel 785, Page G36 of Official Records of the County Recorder's Office of
Monterey County, California, which Note and Deed of Trust are hereby incorporated
herein by reference as though fully set forth.
B.
On August 8, 1972 JOHN E. TROXEL, as Executor of the Will and
Codicil of FRANCES M. MOLERA, deceased, assigned all beneficial interest in the Deed
of Trust together with the Note therein described to Beneficiaries, by a document
entitled Assignment of Deed of Trust and recorded ns Instrument Number G 28416 on
August 9, 1972 in Reel 789, Page 1089 of Official Records of the County Recorder's
Office of Monterey County, California, which Assignment of Deed of Trust is hereby
incorporated herein by reference as though fully set forth.
C.
On the 19th day of December, 1974, Obligors and Beneficiaries
executed an amendment to tl1e Promissory Note hereinbefore described and an amendment to the Deed of Trust hereinbefore described, which amendments are hereby incorporated herein by reference as though fully set forth. The Promissory Note described
above together with the assignment thereof and amendment thereto is hereinafter
referred to as "the Promissory Note". The Deed of Trust described above together with
the assignment thereof and amendment thereto is hereinafter referred to as "the Deed of
T1ust". A true and correct copy of the Promissory Note is attached hereto as Exhibit
"A" and incorporated herein by reference as though fully set forth.
D.
There is now past due and owing under the terms of the Promissory
Note one year's interest payment in the sum of of $85,250.00 which was due on July 19,
1975 together with interest thereon since the date the payment was due at the rate of
8% per annum, one year's interest payment in the sum of $85,250.00 which was due on
July~l9, 1976 together with interest thereon since the date the payment was due at the
rate of 8% per annum, and one year's interest payment in the sum of $88,000.00 which
was due on July 19, 1977 together with interest thereon since the date the payment was
due at the rate of 8% per annum. There is further past due and owing the sum of
$35,774.36 together with interest and penalties thereon since September 30, 1977 as
qelinquenl taxes, interest and penalties due to the' l\lonterey County Tax Collector for
the 1975-1976 and 1976-1977 fiscal years. The existence of each of said obligations
constitutes a default under the terms of the Deed of Trust.
E.
By n::usvn of said dcfuult, Beneficiaries c>iuseo LO be recorded on
December 28, 1977 in the Office of the County Recorder of the County of Monterey a
Notice of Default and Election to Sell under Deed of Trust with reference to the nroo-
that thel'e is not now nor has there ever been any waiver or deferral on tile part of any
Beneficiary or all of tlwm or any agent of any or all such Beneficiaries of any payment
due under the terms of the Promissory Note specifically including but not limited to the
interest payment due on July 19, 1975 and the interest payment due on July 19, 1976, and
in further consideration of the agreements hereinafter set forth, the [)Urties hereby agree
as follows:
1.
Obligors shall deliver to Beneficiaries together with this executed agreement a check for $88,000.00 drawn on the trust account of the law firm of JOEL
TAMRAZ, and payable to the trust account of the law firm of HOGE, FENTON, JONES &
APPEL, INC. The amount shall be []Uid to the Beneficiaries, us their interests may
appear, upon com[Jletion of the execution of this agreement and rescission of the Notice
of Default as hereinafter provided. The amount shall be credited to the obligation under
the Promissory Note and Deed of Trust as follows:
$42,000.00 in partial payment of the interest payment due on July 19, 1975
together with the interest due thereon, which payment shall be first applied
to the accumulated interest and then to the interest payment due on July
19, 1975.
together with the interest due thereon, which payment sh9Jl be first applied
19, 1976.
$4,000.00 as reimbursement to the Beneficiaries for expenses incurred in

connection with the Notice of Default.
2.
linrnediately upon execution of this agreement and payment of the amount
described in Paragraph 1 tiJC Beneficiaries shall cause to be recorded sucil documents as
are necessary to fully rescind tile Notice of Default and Election to Sell under Deed of
Trust filed on December 28, 1977 in the Office of the RecoJder of the County of
Monterey. Tile Beneficiaries jointly and severally agree that no future Notice of Default
and election to sell under tile Deed of Trust will be filed solely by reason of the failure of
Obligors to pay the l'emaining balance due on the July 19, 1975 interest payment togetl1cr
with interest accruing thereon, the remaining balance due on the July 19, 1976 interest
payment togetiler with interest accruing thereon, the interest payment due on July 19,
1977 together with interest accruing thereon, or tile real property taxes due to the
County of Monterey for the 1975-1976 and 1976-1977 fiscal years unless and until any
one or more of the following events occurs:
A.
There is any default under the Promissory Note or the Deed of Trust
or both from and after the date hereof.
~
B.
The real property taxes due to tile County of Monte1ey for the 19751976 and 1976-1977 fiscal year remain unpaid on the date which is one year prior to the
date on which the property described in the Deed of Trust or any portion thereof may be
sold for nonpayment of said taxes.
C.
All or any portion of the property described in the Deed of Trust is
sold or otherwise transferred in any manner w!1atsoever to any person, firm or cor[loration other than Obligors.
D.
The total amount due to Beneficiaries under tlw terms of the
Promissory Note, including but not limited to the partial payments due on account of the
July 19, 1975 and July 19, l.\176 interest payment and tile oavmrnt rl"n An AA-- July Hl, 1977 intPrP"t
rHlH>Y>,..,.~'-
! .. - '
,.
erty dcscl'ibcd in the Deed of Trust to the State of California or any agency or representative thereof, the entire amount then due and owing under the terms of the promissory note shall be paid to the Beneficiaries prior to the completion of said sale and the
recording of any deed as a result thereof.
4.
This agreement shall be recorded in the Office of the Recorder of tlJC
County of Monterey. This agreement, together with the Promissory Note and tlw D.ced
of Trust constitutes the entire agreement between the parties pertaining to the subject
matters contained in said documents, and supersedes any and all other agreements,
representations and understandings of the parties. No supplement, modification or
amendment of this agreement shall be binding unless executed in writing by all the
parties.
5.
No waiver of any of the provisions of this agreement shall be deemed or
shall constitute, a waiver of any other provision, whether or not similar, nor shall any
waive!' constitute a continuing waiver. No waiver shall be binding unless executed in
writing by the party making the waiver.
6.
This agreement may be executed simultaneously in one or more counterparts, each of which slJall be deemed an original, but all of which together will constitute
one and tile same instrument.
7.
Time is of tl!e essence of each provision of this agreement.
8.
This agreement sl1all be binding on and inure to the benefit of the parties
hereto and their heirs, successors and assigns.
9.
This agreement shall be construed and interpreted in accordance with the
laws of the State of California.
All of the provisions of this agreement, w!1etller covenants or conditions,
shall be deemed to be botl1 covenants and conditions.
10.
11.
The definitions contained in tl1is agreement sl1all be used to interpret tllis
agreement.
12.
lf any legal action or proceeding is brougl1t for the enforcement of this
agreement or because of an alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this agreement, tlw successful or prevailing
party or parties to said action or proceeding shall be entitled to recover from the losillg
party or parties reasonable attomcy's fees and other costs incurred in that action or
proceeding, in addition to any otlwr relief to which it or they may be entitled.
IN WITNESS WHEB.EOF tile parties hereto have execJ~iCJllifs:iij;

day a<Jd year hereinafter written.
the
'
OBLIGORS:
COUNTY OF'-"-"""'~!QO.~~,_.
On this~ay of
, 1978 before me, a Notary Public, State of California,
duly commissioned and sw 1, personally appeared HARVEY LERER known to me to be
the person whose name i subscribed to the within instrument and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF 1 l11;ve hereunto set my hand and
and year in tl1is certificate first above written.
4*
1>
.,_.,__ ,
O:Ci"!CIAL S=:AL
./ ., ,/;\
~d;r:::_:;~.j~f.
SUE BJ\NiiS
:
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"'J:::,-:_:_;f,/
NOTAn't Pt::uc c.:..:._iFORNJA +

PIW-:C!F',l on:;c;E !N
:
LOG PJI::>ZLF...S COUNTY
i~i; Ccmml:;;,ion Expires April 2/, Li30
=~~~~~-~
BENEFICIARIES
MARY'S HELP HOSPITAL
By ___________________________
STATE OF CALIFORNIA
) ss.
COUNTY OF - - - - - - - - - - - - )
On this
day of
duly commissioned and sworn, personally arpeared
known
to rne to be the
of the COl'poration that executed the witllin
Instrument, known to me to be the person whose name is subscribed to tl1e within instrument and acknowledged to me t11at such corpotation executed the within Instrument
pursuant to its bylaws or a resolution of its board of directors.
BENEFICIARIES (Continued)
THE GARDEN HOSPITAL-JERD SULLIVAN
REHABILITATION CENTEH
By _________________________
STATE OF CALIFORNIA
) ss.
COUNTY OF
On this
day of
, 1978 before me, a Notal'y Public, State of California,
duly commissioned and sworn, personally appeared
known
to me to be the
of the corporation that executed the within
Instrument, Jmown to me to be the pel'son whose name is subscribed to the within
Instrument and acknowledged to me that such corporation executed the within
Instrument pursuant to its bylaws or a resolution of its board of directors.
IN WITNESS W!IEREOF I have hereunto set my hand and affixed my official seal the day
and yeal' in this certificate first above written.
Notary Public, State of California
ST. JOSEPH'S HOSPITAL

By _________________________
STATE OF CALIFORNIA
COUNTYOF
)
) ss.
)
On this
day of
duly commissioned and sworn, personally appeared
known
to rrre to be the
of the corporation that executed the within
Instrumcnt, known to me to be the person whose name is subscribed to the within
Instruincnt and acknowledged to me that such co,poration executed the within
Instrument pursuant to its bylaws or a resolution of its boal'd of directors.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(I
/'
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mary's help hospital

inter-office
to:
C. Batchelder
from:
D. G.
'
memo
date:
Harri~
re:
August17, 1976
Molera Estate
Attached is a check from John E. Troxel in the amount of $7.500 covering

a distribution on the Molera Estate. The distribution of this check is
$4,060.02 from the capital account which would be deposited to the Endowment Fund, and $3,439.98 income from the Estate which would be deposited
I am attaching a
in the Molera Charity Fund under Restricted Donations.
copy of my reconciliation supporting these figures and you will note that
included therein is a correction of previous deposits addressed in my memo
of August 12th, 1975.
As a reminder, the deposit to the .Endowment Fund will also reflect as a
credit to the receivable from the Molera Estate indicating a payment
against the amounts due the hospital.
DGH/mcg
ENCLOSURE:
~
./
cc:::- Sr. Florence

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JoHN
E.
TROXEt.:.
ATfORNEY AT LAW
CLIENT'S FUNDS ACCOUNT
465 CALIFORNIA STREET. SUITE 240
SAN FRANCISCO, CALIFORNIA 94104
VVELLS FARGO BANK.

GAI..IF~RNlA STl'IEET OFFICE
SAN FR"'NCtSCO. CAt..!FORNL-' 910
_. ... ~-,,.., , .. "
---------------------------
""-TIO-\........,CIATION
--
--------------.No.
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1117
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(
JOHN E
DUFF
ATTORNEY AT
~9:3
LAW
l!ol.A.RXET STREET
li82-3013
SAN FRA...""iClSCO, CALII-'ORNIA 94105
ARE:" COOt: ... I!!
March 31, 1969
Sister Teresa, Administrator

Daly City, California 94015
Re: Estate of Frances M. Molera
Dear Sister Teresa:
Enclosed, pursuant to your request, is a copy of Miss Molera's will
dated September 18, 1964 and a copy of the codicil thereto dated June 29,
1965.
.
Probate proceedings are now pending in the Superior Court, San Francisco,
Case No. 186019. Mr. John E. Troxel of 310 Sansome Street, San
Francisco, is acting as the Executor.
Miss Molera, under Paragraph Thirteenth as amended in the codicil,
in effect left the residue of her estate as follows:
The Garden Hospital
St. Mary's Hospital
St. Joseph's Home and Hospital
1/4
1/4
1/4
1/4
subject to the restriction which reads as follows:

"The said bequests and devises are to be added to the
endowment funds of the said respective hospitals, the
net income therefrom to be used for the following .purposes: ( 1) the provision for the needy a.nd worthy patients
at the respective hospitals covered by Medicare, who may
require special nursing care and other treatment over and
above that provided by Medicare or hospital insurance;
(2) the augmentation of the salaries and stipends of the. resi.dent physicians, internes and nurses in training employed in
the said hospitals; and (3) the assistance of other worthy and
needy patients not receiving benefits from 1 Medicare or
hospital insurance,"
As previously advised, I attended a meeting at Mr. Troxel's office on
February 26, 1969, at which the attorneys for all the residuary legatees
were present. Mr. Troxel, at this meeting, summarized the assets of
(continued)

March 31, 1969
Page 2
the estate and pointed out generally the questions that must be resolved
during the probate administration.
Briefly, Mr. Troxel indicated that the value of the residue, after payment
of debts, taxes and administration expenses, should aggregate at least
$4, 000, 000. 00. The principal assets which will pass into the residuary
estate consist of two tracts of land in Monterey County, California, identified as follows:
(a)
Big Sur Land

(approximately 2, 655 acres)
Mr. Troxel estimates that this land should be worth
close to $1, 000, 000. 00, however, it produces little
income - being used presently for cattle grazing
purposes.
(b)
The Artichoke Land

(approximately 2, 010 acres)
Mr. Troxel estimates that this land, which is located
near the Salinas River in the vicinity of Castroville,
California, should be worth $3, 000, 000. 00 or more.
It consists of some of the finest artichoke growing land
in the Country. It presently is being farmed by numerous small growers and produces a substantial income
in excess of taxes.
Although Mr. Troxel, as Executor, is given broad powers in the will with
respect to property management and the conversion of assets into cash, it
appears that Miss Molera desired that as much of her farming property as
possible be retained in kind rather than sold and converted into cash for
distribution. Accordingly, Mr. Troxel indicated that he wished to administer
and distribute the residuary estate in close consultation with the four residuary legatees.
In view of the foregoing, it will be desirable for each of the four charitable
residuary legatees to weigh the advantages and disadvantages of a distribution in kind of the above-mentioned lands - either by way of separate parcels or undivided interests in the whole. To this end, it will be desirable
.for each of the four charitable residuary legatees to look into the value of
the lands in some detail so tha~ recommendations can be made, in conjunction with the other residuary legatees, to the Executor.
It is assumed that, as the administration of the estate progresses, adequate
valuation information will be forthcoming from Mr. Troxel so that proper

decisions can be made.
(continued)

(''."/if
'"'d
March 31, 1969
Page 3
its
I believe that
too early to estimate with any degree of accuracy the
probable income which will be derived from the share of Mary's Help
Hospital in this estate. In this regard, much will depend on the decisions
which are made as to the sale or retention of the lands.
.
If you think this preliminary report should be amplified at this time, please
let me know. Quite possibly, in view of the magnitude of this gift,
eventually you might wish to have the entire matter reviewed and studied
by a special finance committee or financial representative who also could
consult directly with the other hospitals which are involved.
Sincerely,
JFD:yl
Enclosure
I,
FRANC~~
M. MOLERA, of the City
';;c~
County of San
Francisco, State of California, hereby make my WILL in the manner

following:
I hereby declare that I have no spouse, brother, sister,
nephew, niece, descendant or ancestor who, if surviving me, might
take the property hereby bequeathed and devised by me under the restrictions set forth under Article II of Chapter I of Division I of the
Probate Code of the State of California, as the said Code now provides.
FIRST:
I give and bequeath unto the PASTOR OF ST.
MARY'S CATHEDRAL, of San Francisco, California, by whom I desire that my funeral services be conducted, the sum of one thousand
dollars ($1, 000), for the saying of masses for the repose of the souls
of my father, EUSEBIO J. MOLERA, my mother, AMELIA COOPER
}Ju ,;/) j~OLERA,
my brother, ANDREW J. MOLERA, and myself.

SECOND:
I give and bequeath unto the following char-
itable, religious and educational institutions each the sum of fifty

thousand dollars ($50, 000), namely, THE SISTERS OF THE HOLY
FAMILY, of San Francisco, California;
the SAN FRANCISCO COLLEGE
FOR WOMEN, of San Francisco, California;
and ST. VINCENT'S RO-
MAN CATHOLIC ORPHANAGE FOR BOYS, near San Rafael, California,,

I also give and bequeath unto THE ROMAN CATHOLIC ARCHBISHOP
OF SAN FRANCISCO, a corporate sole, the sum of twenty thousand
dollars ($20, 000), as a contribution to the cost of the new St. Mary's
Cathedral..
I also give and bequeath unto THE WOMEN'S AUXILIARY
OF THE SOCIETY OF CALIFORNIA PIONEERS the sum of one thousand dollars ($1, 000) for its Reserve Fund.
THIRD:
I give and bequeath unto the said SISTERS OF
THE HOLY FAMILY my portrait of Archbishop Ale many, painted by

E. Narjot in 1878, and all of my religious pictures and articles of a
religious character, with the exception of three art glass windows in
..
chapel of my
hci':'i~t
which I give and bequeath
/~to
the CHDRCH
OF ST. ANNE OF THE SUNSET at 810 Judah Street, San Francisco,

together with the sum of one thousand dollars ($1, 000) toward the
cost of removing and installing the same.
In the event that the said
CHURCH OF ST. ANNE OF THE SUNSET shall not elect to accept

the said glass windows, I give and bequeath the said windows and the
said sum for use by such other Catholic Church as may be designated
by the Roman Catholic Archbishop of San Francisco.
t bequeath all of my Californiana, consisting
FOURTH:
of books, manuscripts, maps and other papers (but not any books
printed in the Spanish language or any purely family correspondence)
unto THE SOCIETY OF CALIFORNIA PIONEERS, provided, however,
that if the said Society shall have at the time of my death duplicates
in good condition of any of the said books, such books shall go as here-
. j,/j
'
'
inafter provided.
I give and bequeath all of my other books, not Cali-
jlt{;orniana, and all books of which th/e said Society of California Pioneers
shall have duplicates in good condition, unto the said SAN FRANCISCO
COLLEGE FOR WOMEN.
The judgment of my executor, or alternate
'<
executor, hereinafter named, as to what shall be properly classified

as Californiana shall be binding upon all of the beneficiaries under this
my will.
FIFTH:
I give and bequeath my silk shawls and laces,
and also the cultured pearls left to me by my late cousin, ALICE LARKIN TOU:LMIN, to MOLLY FAY McGETTIGAN, wife of CARROLL
McGETTIGAN, and as I have n6 other articles of wearing apparel of
appreciable value, I direct that my executor, or my alternate executor,
as soon as possible after his or its appointment, give all of the said
wearing apparel to such non-profit charitable organization as the said
executor may select.
'
,.
..
"
'1/(i
~
SIXTH:
I direct that my executor, or alternate executor,
all of my jewelry (other than the cultured pearls referred to

in Paragraph SIXTH hereof), my trophies and coins, at not less than the
inventory value thereof, and I give and bequeath the net amount received
for the said items, together with all of my other articles of personal
and household use, not hereinafter bequeathed to others, to THE RELIGIOUS OF THE SACRED HEART, Vicariate House, 2610 San Diego
Avenue, San Diego, California, requesting, but not directing, that the
said furniture and usable household effects be placed in its convents or
schools in San Francisco, unless it shall be deemed more advisable by
the said beneficiary to use the same elsewhere,
Any automobiles used
by my Salinas office shall be retained during the administration of my

estate.
SEVENTH:
I give and bequeath unto the following persons,
only if they shall survive me, the amounts set after their names, re-
r
spectively, as follows:
To BRUCE H. McBIRNEY and LEONARD
McBIRNEY, the sons of my late friend, GENEVIEVE LEONARD McBIReach the sum of ten thousand dollars ($10,000);
To A. E. PRIDDY, now in my employ at Salinas, California, the sum of twenty thousand dollars ($20, 000);
To MARY WYLLIE HEPLE, and to ROSE FERRASCI, both formerly in my employ, each the sum of five thousand
dollars ($5,000);
To ANN A 'CLEARY, sometimes known as HANNAH CLEARY, my faithful maid, the sum of twenty thousand dollars
($20, 000);
To MRS. ANGELITA PREGO, formerly in my
employ at my Monterey property, the sum of four thousand dollars
($4, 000);
,,:,,
To WILLA M. PREGO, the daughter-in-law
of the said ANGELITA PREGO, the sum of two thousand dollars
($2,000);
To MARIA ARTIZ, who has occasionally been
employed in my household, the sum of two thousand five hundred dolIars ($2, 500);
and
To ROSALIA McGINNIS, the daughter of the
late WILLIAM McGINNIS, and the grandniece of my late friends,

ELVIRA ABREGO POPE and ALMA ABREGO, the sum of ten thousand dollars ($10, 000),
EIGHTH:
I give and bequeath unto !SOBEL FRANCES
KNIGHT and HUGH E. KNIGHT, children of my deceased cousin,

ISABEL COOPER TUELL, each the sum of five hundred dollars ($500)
per month, commencing as of the date of my death and terminating
upon the distribution to my trustee, hereinafter named, of so much
of the property, hereinafter bequeathed in Paragraph TWELFTH, to
be held in trust for the benefit of the said !SOBEL FRANCES KNIGHT
and HUGH E. KNIGHT, as, in the opinion of my executor, shall be
&JJ( (}1!{,
sufficient to provide net income to the said beneficiaries in at least

the respective amounts hereinabove provided.
The payments to the said !SOBEL FRANCES
KNIGHT and HUGH E. KNIGHT in this Paragraph NINTH shall be made
by my executor out of the income of my estate during its administration and until the termination of the said payments as hereinabove provided.
I
I
NINTH:
I give and devise unto THE NATIONAL TRUST
FOR HISTORICAL PRESERVATION, a corporation organized under

the laws of the United States of America, with its headquarters in
Washington, D. C., hereinafter called "THE TRUST", in trust, for
the City of Monterey, upon a portion of which my grandfather, JOHN

B. R. COOPER, erected in 1823 his residence known as the "Cooper
Adobe", on the following' terms and conditions:
(a)
The Trust shall retain and maintain as a
historical monument the one-story and two-story parts of the Cooper

Adobe, which comprises all of the improvements fronting on Munras
Avenue, and, if practicable, shall maintain and keep in repair the existing adobe walls on the said property.
The Trust may use the Coop-
er Adobe for the display of the personal property hereinafter described,

and any other articles of historical interest.
(b)
The Trust may continue to rent the beauty
shop at the corner of Munras Avenue and Polk Street and the remaining
one-story buildings fronting on Polk Street to the present tenants thereof for their present uses, or to any other subsequent tenants for professional offices, real estate offices, banking premises or like legitimate purposes;
provided, however, that none of the property may be
leased to any tenants for the sale therein of food, beverages or other
J 1-/
goods of any kind, for mortuaries, or for any other use which may be
/J!..incompatible with the general plan of development of the "Island of
Adobes" project of the City of Monterey.
The Trust, at its election,
may remove any of the existing one-story buildings fronting on Polk

Street, and may lease the land on which they are situate, together with
the open land behind them, to a depth of not over forty (40) feet from
the line of Polk Street, on ground leases for the erection of buildings
to be occupied for any of the approved purposes hereinabove specified,
the architecture of which buildings shall conform to the general plan of
development of the "Island of Adobes" project of the City of Monterey.
(c)
The Trust shall raze the two-story wooden
barn on the Polk Street frontage of the property and shall use the land
on which it is situate and the other open land between the adobe wall on
.,s~
:_:_:_:_:_:__c:-C-''~--''='--.:.~~Tn.--.
~.--.
h~
~~~
the southerly line of the property, the westerly line of the property
thereof, and the Polk Street and Munras Avenue frontages (and the
small kitchen building premises at the back of the Cooper Adobe if it
shall elect to remove the said building) for garden or open spaces,
but not for any public parking of automobiles, or at its election may
lease the land on which the barn is situate to a depth of fifty (50)
feet from Polk Street under ground leases as provided in Subparagraph
(b) above.
(d)
The Trust may lease that portion of the
property fronting on Munras Avenue and lying between the adobe wall
now on the premises and the boundary of the Safeway premises, for
any of the approved uses set forth herein, or, at its election, it may
sell the said portion of the said property to any purchaser for any of
the said approved uses, under appropriate covenants and with appropriate conditions subsequent for the reversion to the Trust of the title
thereto for non-compliance therewith.
If, however, the City of Mon-
terey shall desire to acquire the said portion of the property for use
as a street running from Munras Avenue to Hartwell Street or to the
!}. /j11!H[ear
boundary of my property, the Trust may sell the said portion of
the property to the City at the fair market value thereof as of the date
of the sale.
Any deed from the Trust to the City shall contain appro-
priate covenants and conditions subsequent for the reversion to the Trust
of the title to the property in the event of the abandonment or closing of
the street for which the City may have acquired the title to the said portion of the property.
(e)
I also bequeath to the Trust the sum of
fifty thousand dollars ($50, 000) to be used by it in the repair and improvement and maintenance of the Cooper Adobe, the cost of razing the
barn, and the maintenance of the garden and open spaces on the property.
The net rentals received by the Trust and the proceeds of any sale of
___j
(f)
I also bequeath to the Trust such of the
following items of personal property as may be acceptable to it,

namely, the Captain's table from the Schooner "Rover", which was
owned by my grandfather, JOHN B. R: COOPER, the square piano
which is one of the three first pianos brought together to Monterey,
the family coach, which has been in my family for over one hundred
years, and also such of my saddles, coach horns and other items of
I
historical interest in Monterey or in my Salinas office as may be
agreed upon between my executor or alternate executor and the representatives of the Trust.
I also bequeath to the Trust such of the arI
I.
ticles stored in the said barn as in the opinion of both the Trust a_r1d
II
my executor or alternate executor may be useful and useable in the
repair of the adobe wall or any of the buildings in the premises.

(g)
In the event that the Cooper Adobe shall
be destroyed by fire, earthquake or other cause, to such an extent

that its repair or reconstruction, as in the opinion of its owner, would
.;r/Jf/J be
too costly and unwarranted, the owner may then raze the remains
',',
of the said adobe and use the land as a garden or open space, or, at
its election, it may enter into ground leases to others for the construetion, on the site of the adobe building, of a building to be used for any
of the approved purposes hereinabove set forth, which building may have
a depth of not more than fifty (50) feet from the front line of Munras
Avenue.
(h)
It is my earnest desire that the Trust does
not permit the public or any persons, other than its representatives and
the contractors or workmen engaged in the repair and improvement of
the Cooper Adobe, to visit it or the rest of the property, until such
repairs shall have been completed and the personal property referred
to shall have been put in place.
'!
'
:1 .
(fif'l
TENTH:
(frJ)
I direct that the two tracts of my land in
the Rancho Bolsa del Potrero y Moro Cojo, in Monterey County, now
under lease to Edward Modena and Dino Bernardi, containing approximately 101 and 40 acres respectively of farm land, shall be sold by
my executor during the administration of my estate, and the proceeds
thereof shall be distributed as follows:
To the children me surviving
of my late cousin, FRANCISCA VALLEJO McGETTIGAN, each taking

.one equal part thereof, and to MONA McGETTIGAN, the wife of BARNEY McGETTIGAN, only if she shall survive me, she taking one equal
part of the said property, and to the lawful issue, if any, of the children of my said cousin who shall have died before me, such issue tak-
I! i'
ing per stirpes and not per capita, the one equal part of the said property which would have been taken by their parent or ancestor, if living,
as a child of my said cousin.
I ,I
The said land shall be sold together with
and subject to the appropriate easements for the continued use of the
drainage ditches running through the said lands by the purchasers and
the owners or tenants of the land from which or through which the said
r)ij. -u,, ~
ditches shall extend.

ELEVENTH:
I give, devise and bequeath that certain
portion of my lands in the said Rancho Bolsa del Potrero y Moro Cojo,
now leased to L. Poletti and others, doing business as Bay View Ranch
Company, arid containing approximately 110 acres of farming land (the
said tract lying to the northeast of two other tracts of land under lease
to the said Poletti and others, containing approximately 45 acres and
33 acres' respectively), together with and subject to appropriate easements for the continued use for drainage of the said lands and the ad-
ijl
''I
'i
jacent lands through the existing ditches thereon, and continuing through
the existing ditches on the lands of myself and others to the Tembladero
Slough, as follows:
An undivided one-half (1/2) interest therein unto
I)
KATHERINE .~."EALES, or if she shall not l{~vive me, unto her

'1~({1
me surviving and her husband, ROSS WORN BEALES, if living,

taking a child's share of the said interest;
and the remaining one-
half (1/2) interest therein unto THE BANK OF CALIFORNIA, NATIONAL

ASSOCIATION, as trustee of the trust for the benefit of EDGAR T.
ZOOK, JR., as established under the will of Ruth S. Zook, deceased.
If no such descendant of EDGAR T. ZOOK and
RUTH S. ZOOK shall then be living, the proceeds of the sale of the
said interest in the said property shall go, in equal shares, to the
four hospitals named in Paragraph THIRTEENTH hereof.
The devise contained in this paragraph is made
in appreciation of the long service as attorneys and friendship of
CHARLES W. SLACK, the grandfather, and EDGAR T. ZOOK, the
father, of the said MARY KATHERINE BEALES and EDGAR T. ZOOK,
JR., and in accordance with the wishes of my late brother, ANDREW
J. MOLERA, that a substantial part of our estates should go to the

said attorneys or their families.
It is my earnest hope and desire
that the said beneficiaries retain the ownership of the said real property above described so long as i t may seem practicable and advisable
}If, tJ!fl, to
do so.
TWELFTH:
I give, devise and bequeath unto THE BANK
OF CALIFORNIA, NATIONAL ASSOCIATION, as trustee, in trust for

the following purposes, such portion of my lands in the Rancho Bolsa
del Potrero y Moro Cojo, in the County of Monterey, hereinabove particularly described, and appraised in my estate at a value not in excess
of five hundred thousand dollars ($500, 000), as may be selected by my
executor in his sole discretion, to be taken by my trustee at the value
thereof as fixed on the audit of my estate for Federal estate tax purposes,
and such additional amount in cash as may be required to bring up the
total value of the bequest to my said trustee to the total value in such
land and additional cash to the sum of five hundred thousand dollars
"!
-_.
- -
0, 000).
My sa&/1/lrustee shall hold this
prope~,riJ
in trust for the
following purposes:
To receive the income thereof, and to apply
the net income, in quarterly installments, as nearly as may be, to the
equal use of the said ISOBEL FRANCES KNIGHT and HUGH E. KNIGHT,
the children of my deceased cousin, ISABEL COOPER TUELL, so long
as they shall live during the existence of the said trust.
I
I,
'
In the event
of the death of either the said ISOBEL FRANCES KNIGHT or the said
HUGH E. KNIGHT during the life of the said trust leaving lawful issue
her or him surviving, such issue shall take the share of their parent
in the net income of the said trust, and in the event that either of the
said persons shall die before the termination of the trust without lawful
issue him or her surviving, or all such issue shall die before the termination of the said trust, the whole of the said income shall apply to
the use of the survivor of the said persons.
The said trust shall terminate upon the death
of the last survivor of the said !SOBEL FRANCES KNIGHT and HUGH
E. KNIGHT, and thereupon the property subject to the said trust, and
any income thereof not theretofore applied to the uses hereinabove spec-
jf, 1
/.'4)/ified, shall go to and vest in the lawful issue tlien living of the said
!SOBEL FRANCES KI\TIGHT or HUGH E. KNIGHT, or if no issue ,of
one of them shall then be living, , all thereof to the lawful issue then
living of the other of them, such issue taking their share of the said
property per stirpes and not per capita.
In the event that no person
shall be, living at the date of the termination of the said trust to take
as herein provided, the whole 'of the said property shall go to THE
SOCIETY OF CALIFORNIA PIONEERS, the SAN FRANCISCO COLLEGE
FOR WOMEN, and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, in equal shares, the contingent bequest to the said Regents to be
devoted by them to the purposes of the Hooper Foundation for Medical
Research.
cl/l(a)
The beneficiaries of th1~ust hereby ere-
in this Paragraph TWELFTH are, and each of them is, hereby

from disposing of or encumbering, in any manner, their
respective interests in the said trust or in the property held subject
to the said trust, or in any part thereof, or in the income of the said
property, or in any part of the said income;
and the interest of the
said respective beneficiaries in the property held subject to the said

trust, and in the income thereof, while such income shall remain in
the possession of my trustee, or in any successor or successors thereof in the said trust, shall not be subject, in any manner, to any claim
or claims of any existing or future creditors of the said respective
beneficiaries.
(b)
My said trustee shall have full power to
sell any real property held subject to the said trust created in this
Paragraph TWELFTH, and to accept as part consideration for the sale
thereof a mortgage or deed of trust constituting a first lien upon the
property so sold, and shall also have full power of lease, exchange,
investment and reinvestment of any property subject to the said trust,
and, in the administration of the said trust with respect to any cash
f k/ /J(fr
securities held by it, shall be guided by the Prudent Investor's Rule
as now provided in Section 2261 of the Civil Code of the. State of California.
My trustee may also make leases, including le11ses for the ex-
traction of oil, gas and minerals, of any of the real property subject
to the said trust for such periods of time, whether extending beyond
the term of the said trust or not, and on such terms and conditions
otherwise, as my trustee shall deem advisable.
My said trustee shall
not be responsible for any loss of value of any property purchased or

retained by it in the said trust in good faith.
(c)
My said trustee shall not be required to
amortize the cost of any securities acquired by it for the said trust at
. -
_--! ~
!i!'
a premium, and ar;.rrJProfit arising from the redeltr,.ltion of any securities purchased below par shall be deemed part of the corpus of the
property now subject to the said trust.
Dividends in stock of any cor-
poration of not more than ten per cent (10%) of the number of shares
of stock upon which such dividends shall have been declared in any one
year, and the proceeds of the sale of .any rights to subscribe for any
stock or securities of any corporation, shall be deemed to constitute income of the said trust and shall be distributed as such, and such dividends and stock in excess of the said ten per cent (1 Oo/o) in any one calendar year shall be deemed to constitute a part of the corpus of the
trust.
(d)
During the administration of the said trust,
my said trustee shall be entitled to receive reasonable compensation for

its services to the said trust, and to engage legal counsel and pay to
such counsel the reasonable compensation for their services, and shall
likewise be entitled, on the closing of the said trust, to receive reasonable compensation for the services of the trustee and its attorneys in
connection with the closing of the said trust.
(e)
~ j/), ;Jtf,tain
On such termination, my trustee shall re-
the power to sell such of the securities or other property belonging
to the said trust as may be necessary to adjust the proper distribution

of the property then subject to the said trust to the respective beneficiaries entitled to receive the same, and may deliver to the said beneficiaries their respective shares of the said property either in cash or
iri kind, at the fair market value thereof, as the same shall be determined by my trustee, or both in cash and in kind, and the exercise by
my trustee of its discretion with respect to such distribution shall be
conclusive upon all such beneficiaries.
THIRTEENTH:
I hereby give, devise and bequeath (1)
all of the residue of my property, after the payment of the taxes, State
-------.-
..
..
((,iA
.;, .
~
.~
Federal, the costs and expenses of administration of my estate,

all other obligations of my estate, and all of the pecuniary bequests
hereinabove provided which shall not have lapsed, and (2) also the amount
j.:
1:il
lil
ll"'i
I,
I
of all legacies which have lapsed other than those specifically provided
:d :
in the trust provisions of this will to go to others, unto the following
/,
::1,
..
H.
San Francisco charitable organizations:
THE GARDEN HOSPITAL, 3750
'I
.!
Geary Boulevard, MARY'S HELP HOSPITAL, 35 Guerrero Street," (which

address may haye been changed prior to my death), ST. MARY'S HOSPITAL, Hayes and Stanyan Streets, and ST. JOSEPH'S HOME AND
HOSPITAL, Park Hill and Buena
Vis~a
Avenue East, in equal shares,
the said bequests and :devises to be added to the endowment funds of

the said respective hospitals and the income therefrom to be used, so
far as possible, for the benefit .of needy and worthy persons, preferably elderly, requiring hospitalization, in the said hospitals.
'
FOURTEENTH:
'
I nominate and appoint the said EDGAR T.
ZOOK, or failing him JO,HN E. TROXEL, as the executor of this my

will, either to serve without bonds and with full power to sell or lease,
~ J11.!h({or
any lawful purpose. including leases for the extraction of oil, gas
and minerals, aU or any of my property, without any order of court

or previous notice, by publication or otherwise, of any such salE:!.
Any such leases may be made for such periods of time as my executor, in his discretion, shall deem advisable~ which periods may run
'beyond the time required for the probating of my estate.
"In the event
that, for any reason~ neither the said EDGAR T. ZOOK nor' the sai.d
JOHN E.- TROXEL shall act as my executor, I nominate and appoint
the said THE BANK OF CALIFORNIA, NATIONAL ASSOCIATION 1 as
my executor 1 with the same powers that are herein conferred upon the
said EDGAR T. ZOOK and JOHN E. TROXEL.
As the greater part of my estate consists of
real property in the County of Monterey under lease to a number of
I ,")
~.
'
authb~f~~ ii. eJCecut~t
at 4 West Gabilan Street, Salinas, California,

Priddy, my outside man, and Charles W. Johnson
accountants now handling the books for my said prop-
II
I.
l,,,
erty, throughout the probate of my estate, and to employ the said Anna
Cleary as caretaker of my home at 2055 Sacramento Street, San Francisco.. until such time as all personal property therein shall have been
!':
li'li
:I:!
removed therefrom, and to appoint such other help as may be neces-
I .
! I!
!:' i
sary in connection with the management of the said property, all at

the expense of my estate.
I also authorize my trustee herein named
to engage Sllch employees as may be
nec~ssary
:I
for the supervision of
any lands which. may be d.istribllted to it, all at the expense of the
trust.
I also authorize my executor to employ, at the expense of my
i
l'
'].
'
Id '
1
estate, such assistance as may be reasonably necessary in inventorying the large number of articles of personal property in rriy home in
,iltj
'I
I,
I,J
San-Francisco and at my property in the City of Monterey, in order
:I:'
that my executor or alternate executor may be fully informed as to
I'rl'
iii
::1
their character before distributing them in the exercise of the discre-
!J41 ,7J11,ti'bnary power
herein c:o11:ferred upon them with respect thereto.
FIFTEENTH:
I direct that all estate.. succession and
inheritance taxes,. Federal and St"J.te, payable by iny estate or by any

beneficiary under this my last will and testament shall be paid by my
,executor out of the residue of my estate without contribution thereto by.
or pro-ration thereof among, any of the said beneficiaries.
SIXTEENTH:
Inasmuch as a substantial part of my prop-
erty, which consists chiefly of real property, will have to be sold in

order to pay the inheritance and estate taxes, my obligations. the
costs and expenses of administration. and the pecllniary bequests herein contained, my executor shall have a period of three (3) years within
.....,.
.. ---
-~:::::'S2G?"~~~
pay1~; ~~J!~: :~queSts
payments hereinabove specifically provided~

real property herein specifically devised withollt liability
interest thereon or for the payment to the devisees of the income
therefrom prior to such distribution;
It is my desire, however, that
all pecuniary bequests to individuals contained herein, not e:xceeding

the sum of twenty thousand dollars ($20, 000) to any one person, be
paid by preliminary distribution as soon as practicable during the administration of my estate., and to that extent the said bequests, as
well as the monthly payments provided in Paragraph EIGHTH hereof_.
shall be given priority of payment over the remaining pecuniary bequests herein contained.
My e:xecutor is hereby authorized to use all
or any part of the income from my estate during the administration
thereof for the payment of the monthly payments hereinabove provided
.!
r
i
II
and also for the discharge of the obligations and expenses above re-
,!
ferred to, and for the payment of debts and the costs and expenses of
administration of .my estate;
t .
above provided shall
" J./1, J!J/the
~ot
and the beneficiaries of the trust herein-
be entitled to
rec~ive
any of the income from
property devised or bequeathed for their benefit, accrued prior to
the distribution to the trustee of the property devised or bequeathed in

.trust for them, other than the said monthly payments hereinabove pro-
vided.
It is' my desire that my executor s'hall not sell any more of
my farming property thari is reasonably necessary to pay and discharge

the obligations of my, estate and the bequests hereunder.
SEVENTEENTH:
THE BANK OF CALIFORNIA, NATIONAL
ASSOCIATION, shall have no duties with respect to the administration of

my estate prior to its qualifying as trustee, or as my alternate executor
in the event that the said EDGAR T. ZOOK or JOHN E. TROXEL shall
not act or shall cease to act as such executor. nor shall it have any
:i!
responsibility. ext~}Jt
(ltG'l
and administe'i"'ed by it as trustee or

EIGHTEENTH:
I hereby revoke all other wills by me
IN TESTIMONY WHEREOF, I have hereLinto subscribed my

name this
/fL/d.ay of
September~
in 'the year one thoLisand nine hun-
dred and sixty-four.
!.
,I,I
Witnesses:
II
~~
The foregoing
ten pages besides this,
instrument~
was~
consisting of fifteen (15) typewrit-
at the date
thereof~
declared to us by the
testatrix, FRANCES M. MOLERA, to be her last will and testament,

and she thereupon, in our presence, and in the presence of both of us
at the same time, subscribed her name thereto on this page 16, and
wrote her initials on the margin of each of the other pages, namely,
pages 1 to 15, both numbers inclusive, in identification of the
same~
and we thereupon, at her: request and in her presence and in the pres-
/b
I~
FRANCES 1\1. MOLERA. of the City and County of San
California~
State ( ,
make this
codiclC~o
my will of Sep-
181 1964 in the manner following:
FIRST:
Paragraph THIRTEENTH of my said will is here-
by amended to provide as follows:

II
THIRTEENTH:
I hereby give, devise and
bequeath all of the residue of my property. after the payment of the taxes, State and Federal, and the fees, costs
and expenses of the administration and other obligations of
my
estate~
and all of the specific bequests hereinabove pro-
vided which shall not have lapsed, unto the following Sa:n
Francisco charitable organizations, namely, THE GARDEN
HOSPITAL, 3750 Geary Boulevard,.
MARY'S HELP HOS-
PITAL, 35 Guerrero Street, (which address may have been

changed prior
to
my death),.
ST. MARY'S HOSPITAL, Hayes
and Stanyan Streets, and ST. JOSEPH'S HOME AND HOSPITAL~
Park Hill and Buena Vista Avenue East, in equal
shares.
The said bequests and devises are to be added
to the endowment funds of the said respective hospitals,

the net income therefrom to be used for tl;le following purposes:
(1) the provision for the needy and worthy patients
at the respective hospitals covered by Medicare, who may

require special nursing care and other treatment over and
above that provided by Medicare or hospital insurance;
(2)
the augmentation of the salaries and stipends of the resident
physicians~
internes. and nurses in training employed
in the said hospitals;
and (3) the assistance of other worthy and
needy patients not receiving benefits from Medicare or hospital

insurance.
11
SECOND:
Except as hereinabove provided, I hereby re-
publish and reaffirm my said will of September 18. 1964 in all of its
particulars.
IN TESTIMONY WHEREOF, I have hereunto subscribed
.
my name this
:7
..,0 lk
- (
day of
<\~
, 1965.
The foregoing instrument, consisting of one {1) typewritten

page besides this, was, at the date thereof, declared to us by the
testatrix, FRANCES M. MOLERA, to be a codicil to her last will
and testament dated September 18, 1964, and she thereupon, in our
presence, and in the presence of both of us at the same time, subscribed her name thereto on this page 2, and wrote her initials on
the margin of page 1 in identification of the same, and we thereupon,
at her request and in her presence and in the presence of each other, subscribed our names thereto as attesting witnesses.
residing
--------------------~--
Ia
AGREEMENT
This agreement is made and entered into on the day and year hereinafter set forth
by and between PHIL LONG, a single mun, und HARVEY LERER, a .married man,
("Obligors") and MARY'S HELP HOSPITAL, THE GARDEN HOSPITAL, ST. JOSEPH'S
HOSPITAL and ST. 1\'IARY'S HOSPITAL {11 Beneficiaries 11 ),
This agreement is made with reference to the following facts:
A.
On the 19th day of July, 1972 Obligors executed a Promissory Note
. in the principal amount of $1,100,000.00 in favor of JOHN E. TROXEL us Executor of the
Will and Condicil thereof of FHANCES M. MOLERA, deceased, together with a Deed of
Trust in favor of said JOHN E. TROXEL for the purpose of securing the payment of the
indebtedness evidenced by said promissory note and other obligations as set forth in the
Deed of Trust, which Deed of Trust was recorded ns Instrument No. G 25648 on July 19,
197 2 in Reel 785, Page G36 of Official Records of the County Recorder's Office of
Monterey County, California, which Note and Deed of Trust arc hereby incorporated
herein by reference as though fully set forth.
B.
On August 8, 1972 JOHN E. TROXEL, as Executor of the Will and
Codicil of FRANCES i\L MOLERA, deceased, assigned all beneficial interest in the Deed
of Trust together with the Note therein described to Beneficiaries, by a document
entitled Assignment of Deed of Trust and recorded as Instrument Number G 28416 on
August 9, 1972 in Reel 789, Page 1089 of Official Records of the County Recorder 1s
Office of Monterey County, California, which Assignment of Deed of Trust is hereby
incorporated herein by reference as though fully set forth.
C.
On the 19th day of December, 1974, Obligors and Beneficiaries
executed an amendment to the Promissory Note hereinbefore described and an amendment to the Deed of Trust hereinbefore described, which amendments are hereby incorporated herein by reference as though fully set forth. The Promissory Note described
above together with the assignment thereof and amendment thereto is hereinafter
referred to as trthe Promissory Note". The Deed of Trust described above together with
the assignment thereof and amendment thereto is hereinafter referred to as Hthe Deed of
T1ust 11 A true and correct copy of the Promissoty Note is attached hereto as Exhibit
"A" and incorporated herein by reference as though fully set forth.
D.
There is now past due and owing under the terms of the Promissory
Note one year's interest payment in the sum of of $85,250.00 which was due on July 19,
1975 together with interest thereon since the date the payment was due at the rate of
8% per annum, one year's interest payment in the sum of $85,250.00 which was due on
July ... l9, 1976 together with interest thereon since the date the payment was due at the
rate of 8% per annum, and one year's interest payment in the sum of $88,000.00 which
was due on July 19, 1977 together with interest tl1ereon since the date the payment was
due at the rate of 8% per annum. There is further past due and owing the sum of
$35,774.36 together with interest and penalties thereon since September 30, 1977 as
qelinqucnt taxes, intel'est and penalties due to the' I\Ionterey County Tax Collector for
the 1975-HJ76 and 1976-1977 fiscal years. The existence of each of said obligations
constitutes a default l,mder the terms of the Deed of Trust.
E.
By r(;asvn of said default, Beneficiaries caused to be reeorded on
December 28, 1977 in the Office of the County H.ecordc!' of the County of Monterey n
Notice of Default and Election to Sell under Deed of Trust with reference to the oroo-
. . ' . ... . ... . .
.
~
.,
that there is not now nor has there ever been any waiver or defcrrul on the part of any
Beneficiary or all of them or any agent of any or all such Beneficiaries of any payment
due under the terms of the Promissory Note specifically including but not limited to the
interest payment due on July 19, 1975 and the interest pnyment due on July 19, 1976, and
in further consideration of the agreements hereinafter set forth, the [)Urties hereby agree .
as follows:
1.
Obligors shall deliver to Beneficiaries together with this executed agree-
ment a check for $88,000.00 drawn on the ttust account of the law firm of JOEL
TAMRAZ, and payable to the trust account of the law firm of HOGE, FENTON, JONES &
APPEL, INC. The amount shall be paid to the Beneficiaries, as their interests may
appear, upon completion of the execution of this agreement and rescission of the Notice
of Default as hereinafter provided. The amount shall be credited to the obligation under
the Promissory Note and Deed of Trust as follows:
together with the interest due thcre.on, which payment shall be first applied
19, 1975.
together' with the interest due thereon, which payment shall be first applied
19, 1976.
'
$4,000.00 as reimbursement to the Beneficiaries for expenses incurred in

connection with the Notice of Default.
2.
Iinmediately upon execution of this agl'eement and payment of the amount
described in Paragraph 1 the Beneficiaries shall cause to be recorded such documents as
me necessary to fully rescind the Notice of Default and Election to Sell under Deed of
Trust filed on December 28, 1977 in the Office of the Recol'der of the County of
Monterey. The Beneficiaries jointly and severally agree that no futme Notice of Default
and election to sell under the Deed of Trust will be filed solely by reason of the failure of
Obligots to pay the eemaining balance due on the July 19, 1975 interest payment together
with interest accruing thereon, the remaining balance due on the July 19, 1976 interest
payment together with interest accruing thereon, the interest payment due on July 19,
1977 together with inter-est accruing thereon, or the real property taxes due to the
County of Monterey for the 1975-1976 and 1976-1977 fiscal years unless and until any
one or more of the following events occurs:
A.
There is any default under the Promissory Note
or both
from
and
after
the date hereof.
.,.
ot'
the Deed of Trust
.
B.
The real property taxes due to tlle County of Montetey for the 19751976 and 1976-1977 fiscal year remain unpaid on the date which is one year prior to the
date on which the ptoperty dcscl'ibed in the Deed of Trust or any portion thereof may be
sold for nonpayment of said taxes.
C.
All or any portion of the property described in the Deed of Trust is
sold or otherwise transferred in any manner whatsoevet to any person, firm or corporation other than Obligors.
D.
The total amount due to Beneficiaries under the terms of the
Promissory Note,. including !Jut not lirnitecl to the partial payments duo on account of the
July 19, 1975 nnd July 19, 1976 interest payment and the pavm0nt dorn "" ~---- ~ -
July 19, 1977 intc>rr><::t "'"'""~~ '- -'
erty dcsct'ibcd in the Deed of Trust to tho State of California or any ugcncy or rcprcscntutivc thereof, the entire amount then due nnd owing under the terms of the promissory note shull be paid to the Beneficiaries prior to the completion of said sale and the
recording of any deed as a result thereof.
4.
This agreement shall be recorded in the Office of the Recorder of the
County of Monterey. This agreement, together with the Promissory Note and the D.ced
of Trust constitutes the entire agreement between the parties pertaining to the subject
matters contained in said documents, and supersedes any and all other agreements,
representations and undet'standings of the parties. No supplement, modification or
amendment of this agrcement shall be binding unless executed in writing by all the
parties.
5.
No waiver of any of the provisions of this agreement shsll be deemed or
shall constitute, a waiver of any other provision, whether or not similar, nor shall any
waive!' constitute a continuing waiver. No waiver shall be binding unless executed in
writing by the party mal<ing the waiver.
6.
This agreement may be executed simultaneously in one or more counterparts, each of which sllall be deemed an original, but all of which together will constitute
one and the same instrument.
7.
Time is of the essence of each provision of this agreement.
8.
This agreement shall be binding on and inure to the benefit of the parties
hereto and their heirs, successors and assigns.
9.
This agreement shall be construed and interpreted in accordance with the
laws of the State of California.
10.
All of the provisions of this agreement, w!1ether covenants or conditions,
shall be deemed to be botl1 covenants and conditions.
11.
The definitions contained in this agreement shall be used to interpret this
agreement.
12.
If any legal action or proceeding is brougllt for the enforcement of this
agreement or because of an alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this agreement! the successful or prevailing
party or parties to said action or proceeding shall be entitled to recover from the losing
party or parties reasonable attomcy's fees and other costs incurred in that action or
proceeding, in addition to any other relief to which it or they may be entitled.
IN WITNESS WHEHEOF tl1e parties hereto have
and year hereinafter written.
\_f,..:'./\:}
CARL WILLIAM ANOER'OON
. ... ..ANDERSON;
, . .,. . . . . <,,i McMILLAN &'CONNOLLY
CYRUS .J, McMILLAN

HUGH F". CONNOLLY
\AWOF"F"ICE$' .
. . i456
.....\....
ciiAF>11~ AVENuE:
. BURLINGAME, CALIFORNiA
MAILING ADORE:SS
f', 0. BOX 471
~4010
TELEPHONE: 346258!1
August 7, 1978
Hr. Dave Harrison

Daly City, California
94015
Dear Dave:
Re:
Estate of ~1olera __...-/'
Please find enclosed a copy of an August 4th letter and

attached documentation relative to the Holera Estate and
specifically to the Promissory Note due to the Hospital and
secured by a Deed of Trust on the Bit; Sur property.
The documentation is detailed and comnlex, and because of
the number of parties involved, this matter continues to move at
a pace which is less than rapid.
That basic dispute with the debtors was an allegation on
their part that they were entitled to be excused from paying one
year's interest because of the fact that they had not been able
to get a permit to put in a road into the property. Our position has always been that we never agreed to waiv(- any interest,
but that if they had put the road on the property, we would accept that as a payment in kind, in lieu of a cash payment of one
year's interest.
The principal purpose of the agreement from our standpoint
was to get an acknowledgment in writing that there were no defenses of any kind, and that the note is enforceable according
to its tenor.
Because of the history of attempts to develop this property,
the hospitals have gone to great lengths to avoid being in a
position where thev would have to take back their title. If for
any reason the State of California does not complete the acquisition, it would still, in my opinion, not be in the interest of the
hospitals to acquire title to.this property on a foreclosure. All
the information which has come to me over the years is to the effect . .
that the property cannot be developed on any financially sound basis ... .
because of the onerous restrictions placed on the development by the
State and local government agencies.
Mr. Dave Harrison

Nary's Help Hospital
August 7, 1978
Page 2.
The letter requests a return of the signature page to

the Modification Agreement by August 10. This may not be possible, but at the earliest possible time, I would recommend that
the signature page to the Agreement be executed by Sister Florence
and her signature requires acknowledgment by a notary public.
I am available to answer any questions which you may have
regarding the transaction.
Yours truly,
H~nnolly
HFC:jb
Enclosures
(u)
To MARK ROUSSEAU, the sum of FIFTY

THOUSAND DOLLARS ($50,000);
(v)
To THE PAULIST FATHERS in San

Francisco, California, for use only
in San Francisco, California, and
at or in connection with old st.
Mary's Church, Grant Avenue and
California street, San Francisco,
California, the sum of FIFTY
THOUSAND DOLLARS ($50 1 000)1
(W)
To the CALIFORNIA JESUIT

MISSIONARIES, a corporation, the
sum of FIFTY THOUSAND DOLLARS
($50,000}, for use in their
missionary efforts' .
(X)
To the CALIFORNIA PROVINCE OF THE

SOCIETY OF JESUS, a California
corporation, the sum of FIFTY
THOUSAND DOLLARS ($50 1 000), to be
used only to defray the expense of
education of men to become ordained
members of the Order;
{y)
To CARMELITE MONASTERY OF CRISTO

REY, the sum of FIFTY THOUSAND
DOLLARS ($50,000);
(Z)
To ST. MARY'S HOSPITAL AND MEDICAL

CENTER, 220 Hayes Street, San
Francisco, California, the sum of
TWO HUNbRED FIFTY THOUSAND DOLLARS
($250,000), which shall be used
only for the care and treatment of
the poor and needy at its Clinic.
(aa)
To ST . ANTHONY DINING ROOM, 121

Golden~Gate Avenue, San Francisco,
California, the sum of FIVE
THOUSAND DOLLARS ($5,000)7
(bb)
To SETON MEDICAL CENTER, Daly

City, california, the sum of THREE
HUNDRED THOUSAND DOLLARS
($300,000), which shall be used

only for the care and treatment of
the poor and needy at its Pauline
E. and Charles L. Harney Clinic.
Page 4
Ahn, Tina (SMC)

From:
Sent:
To:
Subject:
Ward, Carolyn 0. < Morey.Ward@ropesgray.com>

Thursday, November 01, 2012 9:05AM
Ahn, Tina (SMC)
FW: List of Restricted Funds Selected for AG Review & Revised Charts
Tina: One of the items I promised you in our last conversation was an email from 9/24/2010 from my colleague Katie
Sara I to David Siebert regarding several of the restricted funds. I mentioned the email to you in the context of our
discussion offunds #107-110, which are labeled "Ascension Health Valuation Reserve" in David's spreadsheet. The
email also requests clarification from David on a few other funds.
In other news, I've reviewed the scanned documents that Claire Reilly sent and can report on those during our call later
today. I'm still working on the list of questions for CBS.
Best, Morey
Carolyn 0. (Morey) Ward

ROPES & GRAY LLP
T + 1 202 508 4645 I F + 1 202 383 9866

Morey. Ward@ropesq ray.com
www.rooesqray.com
From: Saral, Katherine
Sent: Friday, September 24, 2010 11:06 AM

To: 'Siebert, David (SMC)'; Ward, Carolyn 0.
Cc: Disend, David (SMC)
Subject: RE: List of Restricted Funds Selected for AG Review & Revised Charts
DavidI do not mean to pester you, but though I'd just resend the questions that we sought to clarify on the restricted funds, so
that they would be more readily at hand when you have a moment to turn back to these issues.
Thanks,
Katie
Katherine R. Sara!
ROPES & GRAY LLP
T +1 415 315 63741 F +1 415 315 4823
Three Embarcadero Center
San Francisco, CA 94111-4006
Katherine. Saral@ropesg ray. com
www.ropesgray.com
Ropes & Gray's San Francisco office moved to a new location on 04/12/10. Please note
that our address has changed but my phone, fax and email remain the same.
From: Siebert, David (SMC) [mailto:DavidSiebert@dochs.org]
Sent: Monday, September 13, 2010 11:32 AM

To: Sara!, Katherine; Ward, Carolyn 0.
Katherine,
Thanks for this follow-up. I will contact you tomorrow to follow-up; I am in back-to-back meetings all day today.
David
David Siebert
Vice President of Development, Interim
Daly City, CA 94015
(650) 991-6534
fx {650) 991-6098
cell (206) 719-2650
davidsiebert@dochs.org
NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing,
copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the
sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading,
forwarding or saving them. The contents of this e-mail may be legally privileged and contain attorney-client
confidential information, or information protected by State and Federal Medical Privacy statutes. Thank you.
From: Sara!, Katherine [mailto:Katherine.Saral@ropesgray.com]
Sent: Friday, September 10, 2010 6:00 PM

To: Siebert, David (SMC); Ward, Carolyn 0.
David-
Thanks for the information. Morey and I had a chance to catch up this week and we are closing in on our
conclusions about which funds we should take to the AG. I wanted to ask some follow-up questions and clarify
certain facts with you to be sure that we have considered all information in coming to these conclusion.
o
Williams Special Fund: My notes from the call state that the 2002 and 2003 bequests (approx. $10K
each) were made by a William Bliss. Is it correct that there's no contact information for this person and no
one has been able to determine his identity or contact him?
ACS/Lilly Fund: My notes from the call state that "most of the donations made to this fund were made out
directly to the Heart and Vascular Institute." Do I have this noted accurately? If so, is the source of this
info copies of the checks, file notations or other evidence? Second, what does the reference to "business
check" mean with regard to the 1993 check? Third, is it correct that there's no indication of what ACS
stands for? Morey surmised that the reference might be related to Eli Lilly, which developed a drug,
Prasugrel, that was approved by the FDA in 2009 to treat acute coronary syndrome.
Harney Endowment: I wanted to inquire about the note from Sr. Dunn -the statement you provided
suggests personal knowledge of the origin of the fund. Would it be possible to get a declaration from Sr.
Dunn with regard to her statements? Also, to confirm, my notes from the call state that SMCF would seek
a release in order to use the present funds for care at SMC's cancer clinic. Is there a way to track the use
of the funds to ensure that the funds are applied only to the costs of treating indigent patients of the clinic,
which we know treats insured patients and probably non-indigent uninsured as well?
Do you have any idea why funds 107-110 are identified as the Ascension Health Valuation Reserve? I
do note from the website of Ascension Health System that one of its sponsoring organizations was the
Daughters of Charity. Could AHS be the source of these funds or have any information about them?
One final question: On the Fund Comparison Summary, do the dollar figures for each year represent disbursements,
contributions or something else?
Thanks, David, for all your help. Feel free to give me a call if you have any questions.
Katherine R. Saral
ROPES & GRAY LLP
T +1 415 315 6374
I F +1 415 315 4823
Three Embarcadero Center
San Francisco, CA 94111-4006

3
Katherine.Saral@ropesqray.com
www .ropesgray.corn
Ropes&. Gray's San Francisco office moved to a new location on 04/12/10. Please note that our address has changed but my
phone, fax and email remain the same.
From: Siebert, David {SMC) [mailto:DavidSiebert@dochs.org]
Sent: Wednesday, September 01, 2010 9:36AM

To: Ward, Carolyn 0.; Saral, Katherine
Thanks Morey,
Per our conversation yesterday, I have attached three excel documents which served as primary references for
some of the findings we noted.
Katie, it was good to meet you via phone yesterday.
Let me know if any questions.
David
David Siebert
Vice President of Development, Interim
Daly City, CA 94015
(650) 991-6534
fx (650) 991-6098
cell (206) 719-2650
davidsiebert@dochs.org
NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing,
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sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading,
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confidential information, or information protected by State and Federal Medical Privacy statutes. Thank you.
4
,,
From: Ward, Carolyn 0. [mailto:Morey.Ward@ropesgray.com]
Sent: Wednesday, September 01, 2010 9:00 AM

To: Saral, Katherine
Cc: dsiebert@alford.com; Siebert, David (SMC)
Subject: FW: List of Restricted Funds Selected for AG Review & Revised Charts
Katie: I am forwarding my most recent email to David regarding the restricted funds spreadsheets.
Best, Morey

ROPES & GRAY LLP
T + 1 202 508 4645
I F +1
202 383 9866
Morey. Ward@ropesqray. com
http: 1/www. ropesg rav.com/
From: Ward, Carolyn 0.
Sent: Tuesday, May 25, 2010 12:12 AM

To: 'Siebert, David (SMC)'; Van Patten. Robynn (DCHS); Auerbach, Lorraine P. (SMC); Chesley, John 0.
Cc: dsiebert@alford.com
Subject: List of Restricted Funds Selected for AG Review & Revised Charts
All: Following up on our conference call earlier today and subsequent conversations with David, I have attached
a list of the restricted funds held by SMCF that we recommend the Board approve for AG review. You will see
that in a few cases the request for Board approval is conditional depending on the outcome of additional
research. I have also attached revised versions of the two charts David circulated previously listing the
Foundation's restricted funds. I have edited some chart entries to reflect my conversations with David. On Set #1
of the restricted funds, I have modified the recommendations for funds #73, 93, 113, and 114. I realize that the
Board has already review Set #1, but the modified recommendations should not present a problem: the
recommendations for funds 73, 113 and 114 have been modified to explain that the funds should be approved for
AG review, and the modification to fund 93 is minor. On Set #2, I have modified the recommendations for funds
13,25,26,29,49,58,59, 79,81,88,92, 100,101, 106,and 107-110.
For purposes of the Board meeting tomorrow, please note that although we refer to seeking "AG approva!" for ,.
release of restrictions, technically the release is sought from the appropriate local court (presumably, the San
Mateo Superior Court Civil Division) with notice to the AG. As a practical matter, it has been my experience that
institutions work closely with the AG's office in seeking a release of restrictions from the beginning of the
process. Please let me know if you have any questions.
Best, Morey

ROPES & GRAY LLP
T + 1 202 508 4645 I F + 1 202 383 9866

One Metro Center, 700 12th Street, NW1 Suite 900
Norey, Ward @rooesgray .com
htto: 1/www .ronesqray.com/
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ONE METRO CENTER
700 12TH STREET, NW, SUITE 900
WASHINGTON, DC 20005-3948
WWW.ROPESGRAY.COM
MEMORANDUM
Carolyn 0. Ward
T +I 202 508 4645
morey. ward@ropesgray.com
PRIVILEGED AND CONFIDENTIAL

ATTORNEY-CLIENT PRIVILEGE
DATE:
December 10,2012
TO:
Tina Aim
FROM:
Carolyn 0. Ward
SUBJECT:
Seton Medical Center Foundation Restricted Funds Review Project
CC:
Jolm Chesley
In 2010, David Siebe1i, who was the interim Vice President of Development of the Seton Medical
Center Foundation (the "Foundation"), requested our assistance in developing reconm1endations for
approximately 115 funds held by the Foundation as restricted funds. David reviewed the
Foundation's files for the funds and provided us with information about evidence of any donor
intent regarding restrictions on the use or the permanent endowment status of the funds. In many
cases, there was little documentation regarding the establishment of the fund. We worked with
David to group the funds as follows: (I) funds that would be continue to be maintained as
permanently restricted endowment funds, (2) funds that could allocated to Seton Medical Center
("SMC") or an affiliated entity, in some cases, subject to a restriction on the use of the funds, (3)
funds that needed additional information before a recommendation could be made, and (4) funds for
which it would be appropriate to seek California Attorney General ("CA AG") review and a court
release of donor restrictions so that it would no longer be necessary to treat the funds as
permanently restricted endowment fund. It is our understanding that the Foundation put the fund
review process on hold in late 2010 and then restmied the project earlier this year.
We have discussed several funds over the last few months. Recently, you provided us with
documentation regarding the establisluuent of certain funds. You requested that we provide a more
formal response regarding the options for the funds that we have discussed and that we note any
questions that should be answered before developing recommendations for the future handling of
the funds. This memorandum briefly reviews the relevant California law goveming the formation,
management, and expenditure of donor-restricted funds. It also lists the funds we have discussed
recently and provides our thoughts on options for the funds.
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The Unifmm Prudent Management ofinstitutional Funds Act and Charitable Trust Doctrine
In July 2006, the National Conference of Cmmnissioners on Unifmm State Laws ("NCCUSL")
approved the Uniform Prudent Management ofinstitutional Funds Act ("UPMIFA") and
recommended it for enactment by the legislatures of the various states. UPMIFA is designed to
replace the existing Uniform Management ofinstitutional Funds Act, which was approved by
NCCUSL inl972 and enacted in 47 states. UPMIFA became effective in California ("CA
UPMIFA") on January 1, 2009. 1
CA UPMIFA governs the investment and management of funds held by charitable institutions and
the expenditure of funds donated as "endowments" to such institutions. Specific provisions ofCA
UPMIFA apply to "endowment funds." CA UPMIFA defines an "endowment fund" as
[A fund held by an institution for exclusively charitable purposes] or part thereof that, under
the terms of a gift instrument, is not wholly expendable by the institution on a current basis.
The term does not include assets that an institution designates as an endowment fund for its
own use. 2
With regard to specific wording necessary to create an endowment fund, CA UPMIFA explains that
Terms in a gift instrument designating a gift as an endowment, or a direction or
authorization in the gift instrument to use only "income," "interest," "dividends," or "rents,
issues, or profits," or "to preserve the principal intact," or words of similar impmt have both
of the following effects:
1. To create an endowment fund of permanent duration unless other language in the gift
instrument limits the duration or purpose of the fund.
2. To not otherwise limit the authority to appropriate for expenditure or accumulate under
[the CA UPMIFA subdivision governing appropriation or accumulation of amounts held
in an endowment fund] _3
CA UPMIFA applies retroactively to all endowment funds existing on its effective date of January
1, 2009, and to all new endowment funds created thereafter. 4
Under CA UPMIFA, an institution can appropriate for expenditure or accumulate so much of an
endowment fund as it deems prudent after considering the donor's intent as expressed in the gift
instrument and the following factors:
1. the duration and preservation of the endowment fund;
1
Cal. Prob. Code 18501-18510 (West 2009).

Id. at 18502(b). Note that CA UPMIFA defmes "gift instrument" to include an "institutional solicitation." Id. at
18502(c).
3
Id. at 18504(c).
4
Id. at 18508.
2
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2. the purposes of the institution and the endowment fund;

3. general economic conditions;
4. the possible effect of inflation or deflation;
5. the expected total return from income and the appreciation of investments;
6. other resources of the institution; and
7. the investment policy of the institution. 5
CA UPMIFA includes a provision that creates a rebuttable presumption of imprudence for spending
more than seven percent of the value of an endowment fund in one year (calculated by valuing the
fund at least quarterly and averaging values over a period of not less than three years). 6 It is
important to note that the donor-restriction requirement and the endowment spending rule of CA
UPMIFA apply only to "endowment funds" as defined by the statute and thus do not apply to
amounts designated by the Foundation's governing board as endowment.
CA UPMIFA also includes a provision that permits an institution to release or modify a restriction
contained in a gift instrument in the following circumstances:
1. The donor consents in writing to a release or modification of the original restriction?
2. A court may modify or release a restriction contained in a gift instrument regarding the
use or investment of an endowment fnnd if the restriction has become impracticable,
wasteful, or under certain other circumstances. The institution must notify the CA
Attorney General's office ("CA AG") of the application to the court and give theCA AG
an opportunity to participate in the action. 8
3. For a fund that was established more than 20 years ago and has a value ofless than
$100,000, the institution may release or modify a restriction contained in a gift
instrument regarding the management, investment or use of a fund if the institution (a)
determines that the restriction is unlawful, impracticable, impossible to achieve, or
wasteful, (b) provides notice to theCA AG and the donor at the donor's last known
address in the institution's records and then waits for 60 days, and (c) uses the assets in
the fund in a manner consistent with the charitable purposes expressed in the gift
inshument. 9
The last option listed above is sometimes referred to as the "small-and-old fund release procedure."
CA UPMIFA does not include penalties for violations. However, state attorneys general are
empowered to enforce donor restrictions on gifts to charitable organizations. They are also are
5
!d.
!d.
7
!d.
8
!d.
9
!d.
6
at
at
at
at
at
18504(a).
18504(d).
18506(a).
l8506(b) and (c).
18506(d).
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authorized to challenge what they perceive to be imprudent spending decisions from endowment
funds. In addition, donors and beneficiaries occasionally bring actions to enforce endowment or
purpose restrictions on gifts, although they do not have standing to do so in most states. In
California, it is possible under certain circumstances for an officer or director of a corporation
to bring an action to enforce the terms of a gift. 10
The Foundation should also be aware of the charitable trust doctrine as atiiculated in California case
law. The charitable trust doctrine is commonly recognized as it applies to gifts explicitly restricted
to ce1iain uses by the donor (i.e., restricted gifts). The doctrine generally provides that such gifts, if
accepted, are subject to any valid legal restrictions imposed by the donor at the time of the
contribution. In California, however, the charitable trust doctrine has much broader application,
including where the donor does not explicitly impose any restriction on the gift.
The California Supreme Comi originally reasoned that donor intent and donor restrictions need not
be express but could be inferred from donee representations that are written and formal. 11 The
charitable trust doctrine has developed further in California and has dropped the requirement that
donee representations be written and formal and accepted them as equivalent to express donor
restrictions even where they are oral and informal. Thus, where a charitable organization changes
its charitable purposes, the doctrine provides that the umestricted gifts that the charity received prior
to the change in charitable purposes must be used solely for the declared charitable purposes at the
time the gifts were accepted. The rationale behind the doctrine is that a donor made a gift to the
charity in reliance that such gift would be used exclusively to fi.niher the charity's public
12
representation of its charitable purposes. A charity may publicly represent its charitable purposes
in its organizing documents (e.g., articles of incorporation and bylaws), exemption applications,
information returns (e.g., Form 990), and fundraising materials.
Comments/Questions/Recommendations on Specific Funds
We have listed below several fi.mds that we have discussed in recent months. In most cases, we
have not repeated David's notes regarding the funds from his spreadsheets in the comments below,
but it may be usefi.J! to review the spreadsheet notes in conjunction with this memorandum. We
have stated below if we have reviewed any documents from the Foundation's files regarding a fi.md.
10
Cal. Corp. Code 5142 (West 2011).

See In Pacific Home v. County of Los Angeles, 41 Cal. 2d 844, 852 (1953). In Pacific Home, the
Califomia Supreme Court stated: "All the assets of a corporation organized solely for charitable purposes must
be deemed to be impressed with a charitable trust by virtue of the express declaration of the corporation's
purposes, and notwithstanding the absence of any express declaration by those who contribute such assets
as to the purpose for which the contributions are made. In other words, the acceptance of such assets under
these circumstances establishes a charitable trust for the declared cmporate purposes as effectively as
though the assets had been accepted fiom a donor who had expressly provided in the instrument evidencing
the gift that it was to be held in trust solely for such charitable purposes."
12
See Holtv. College of Osteopathic Physicians and Surgeons, 61 Cal. 2d 750 (1964); Queen ofAngels Hospitalv.
Younger, 66 Cal. App. 359, 368 (1977).
11
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#29 Swan Estate ($780): Claire Reilly of your office provided a copy of the file containing, among
other items, a copy of Ms. Swan's will. There is no language in the will indicating that Ms. Swan
intended the bequest to be maintained as a endowment fund, although the will states that the funds
should be used for SMC's oncology program. Consequently, the Swan Estate is not a permanently
restricted endowment fund and can be spent in full at any time for oncology-related costs.
#58 West Bay Home Health ($71,683): In 2010, David raised the possibility that West Bay was a
program of SMC and not a separate entity. Assuming that the funds for #58 were donated to SMC
for its own program and not held by for another entity, the Foundation's board might determine that
it would be permissible to spend the funds for current home health programs that are consistent with
those conducted by West Bay. It would be advisable to confirm that West Bay was and is not a
separate entity from SMC and that there are no donor documents indicating that the fund should be
held as a permanent endowment.
#59 Williams Special Fund ($9,478): Claire Reilly provided a copy of the file, which contains
documents regarding distributions from the estate of William Bliss to "St. Catherine Hospital Seton
Medical Center Coastside." Based on the documents in the file, which include the order of the
Superior Court settling the estate, there is no evidence that Mr. Bliss intended to impose purpose or
endowment restrictions on the bequest. It is unclear why these distributions were attributed to a
fund called "Williams Special Fund," and it would be helpful to see if there is any additional
information available about this fund. Although the documentation regarding the fund is confusing,
it may make sense to use the "small-and-old :fimd release procedure" described above for this fund.
#73 Capital Campaign ($218,546): According to David's notes, Foundation board minutes from
1998 state that the San Francisco Heart and Vascular Institute ("SFHVI") capital campaign was
abandoned sometime before 1988. It is my understanding that Foundation personnel have been
unable to find gift instruments or solicitation materials related to the campaign. I assume that assets
in this fund were solicited and contributed for past SFHVI capital campaigns, but please let me
know if you disagree. Because we cannot be sure that the :fimd can be expended in a manner
consistent with any donor-imposed restrictions, the safest course of action would be to seek court
approval to use the funds for an alternative use that is as closely related as possible to SFHVI
capital improvements. Depending on the proposed use of the funds, the Foundation's board might
conclude that the use is essentially equivalent to capital improvements for SFHVI and that court
approval of the proposed use is unnecessary. However, as noted above, the charitable trust doctrine
has been interpreted expansively by California courts. It is possible that the CA AG would take the
view that funds solicited for the purpose of SFHVI capital improvements cannot be used for any
other purpose unless the original use has become illegal, impossible or impracticable and an
alternative use has been approved by a comi in a cy pres!UPMIFA action.
#88 ACS/Lily Fund ($4, 103): It is my understanding that Foundation personnel have been unable
to locate gift documents for this fund. There are at least three options for this fund. First, ifthere is
evidence that the :fimd was estal.ilished more than 20 years ago, the Foundation could consider using
the small-and-old fund release procedure. Second, if there is no evidence that the fund was created
more than 20 years ago, the Foundation could apply to the comi using the CA UPMIFA procedure
outlined above for a release of the fund so that the fund could be applied to a purpose selected by
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the Foundation. However, you may wish to make the board aware that an application to the court
and notification of theCA AG in a situation where the Foundation does not have records regarding
gifts could have unintended consequences. For example, it is possible that theCA AG's office
would decide to review the Foundation's current recordkeeping systems. It would be a good idea to
have a conversation with theCA AG's office on a no-names basis before pursuing a release or
modification action to get a sense of their reaction to the Foundation's situation. Finally, the
Foundation's board could determine that the absence of any gift documentation tends to indicate
that the fund was restricted by board action (i.e., a board-restricted endowment fund) and
consequently that the Foundation no longer needs to maintain the fuild as a permanently restricted
endowment fimd. However, the application of the charitable trust doctrine in this situation is
unclear, and there is some risk that theCA AG would view such a decision by the Foundation's
board as inappropriate if it were ever reviewed.
#1 00 Harney Endowment ($500,000) and #25 Harney Endowment Earnings: It is my understanding
that the Foundation's file contains notes regarding Ms. Hamey's will but no copy of the will itself
or other gift documents. The Foundation's notes state that the will provided for a bequest of
$300,000 to be used for the care and treatment of the needy at the Pauline E. and Charles L. Harney
Clinic, which was intended to provide care for oncology patients. Ms. Harney apparently also made
various gifts to SMC for maintenance of the Harney Radiation Clinic, which was a clinic for
indigent oncology care. Another note in the file indicates that the Hamey Clinic was never built.
There is no evidence in the file that the bequest or other amounts donated by Ms. Harney were
required to be held as a permanently restricted endowment fimd, but it might be wmih trying to
obtain a copy of Ms. Harney's will from comi records in the county where she lived to see if we can
get any more information about the bequest to the Foundation.
It is unclear why a separate fimd was established to hold endowment earnings, but it is my
understanding that fund #25 no longer exists. I assume it was spent for indigent oncology patients,
but please let me know if there are still questions about the endowment earnings fimd. If the
Foundation is unable to obtain a copy of Ms. Hamey's will, its options with respect to fund #100
are:
1. Continue to treat the fimd as a permanently restricted endowment fund and spend
amounts appropriated from the fund for the care of indigent oncology patients. If the
Foundation follows this approach, it might make sense to review the Foundation's
endowment fund management procedures to ensure that they are being invested and
managed in a manner consistent with CA UPMIFA (i.e, appropriation of no more than
7% of the value of the fund each year and an evaluation of the factors listed in the
statute).
2. If the Foundation does not want to maintain the Harney Endowment as a permanently
restricted endowment fund, it could notify the CA AG that it intends to apply for a
release from what it believes is a donor-imposed restriction to maintain the fund as a
permanent endowment fund and file for such a release with the San Mateo Superior
Comi (following theCA UPMIFA procedures). As with some other funds discussed
above, this approach presents a somewhat strange situation, since the Foundation is
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unable to provide evidence that the fund is subject to a donor restriction that it be held as
a permanently restricted endowment fund. Presumably, we would explain that the
Foundation has opted to assume that the fund is a permanently restricted endowment
based on its long treatment of the fund in that manner. As noted above with regard to
the ACS!Lily Fund, there is always some risk that involving theCA AG's office will
result in a broader review ofthe Foundation's operations, but we anticipate that theCA
AG's office would understand the Foundation's interest in cleaning up its funds and
would not respond negatively.
3. Finally, the Foundation's board could determine that the absence of any evidence that
Ms. Harney intended for her bequest to be maintained as a permanently restricted
endowment fund indicates that the fund was restricted by board action and consequently
that the Foundation no longer needs to maintain the fund as a permanently restricted
endowment fimd. Please note that we do not recommend this approach without
attempting to obtain a copy of Ms. Harney's will from court records because, if the
board's action were ever reviewed by theCA AG, it would be impmtant to demonstrate
either that the will was not obtainable or that the will did not require the bequest to be
maintained as a permanently restricted endowment fund.
#101 Mahoney Endowment Fund ($247,855) and #26 Mahoney Endowment Earnings ($139,979):
David's notes from 2010 state that there is "sufficient documentation to suppmt this endowment"
and that the plan was to maintain the fund as an endowment fund for the present. You have asked
whether it would be permissible for the Foundation to spend the earnings fimd (#26) in fi1ll for
charity care.
Ifthe assets in the earnings fund are no longer part ofthe underlying endowment fund (#101) from
a legal perspective (rather than as an accounting matter) and no longer need to be treated as
permanently restricted, then the earnings fund can be spent in fill!. Alternatively, if the assets in the
earnings fund remain part of the underlying endowment fund from a legal perspective, then the
eamings fund should be treated as permanently restricted and should not be expended in full. If the
earnings fimd is still part of the underlying endowment fund, the Foundation's board would need to
make a determination regarding the prudent amount to be spent from the fimd each year, subject to
the seven percent rebuttable presumption of imprudence, as described above in the discussion of CA
UPMIFA.
The determination of whether the assets in the earnings fund remain pat1 of the underlying
endowment as a legal matter (despite being held in a separate account) depends on the Foundation's
actions in moving amounts from the Endowment Fund to the earnings fund. Under CA UPMIFA,
the assets in an endowment fund-including accumulated earnings-are treated as donor-restricted
assets until they are "appropriated for expenditure" . 13 Neither CA UPMIFA nor the uniform
version of UPMIFA define the term "appropriated for expenditure," but the term is generally
understood to mean that fimds are allotted or set aside for a particular purpose. The usual, but not
exclusive, malltler of "appropriating for expenditure" is for an organization's board to take formal
13
Cal. Prob. Code l8504(a).
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action on regular basis to move a certain amount (often a percentage of the account) into a separate
account that holds the funds in liquid investments until they are spent within a relatively short
period of time. In situations where there is no formal action by the board to appropriate funds, the
question of whether appropriation has occurred becomes murky. The answer may depend on how
the earnings were allocated to the separate fund and how the earnings fund has been managed.
If the Foundation can demonstrate that the board (or a committee of the board) took some action to
allocate the earnings to the separate fund in order to set them aside for expenditure, it should be
feasible to argue that the assets in the earnings fund were "appropriated" for expenditure, despite
the fact that they have not actually been expended. The appropriation argument would be
augmented if income has been moved into the earnings fund on a periodic basis because regular
movement of assets from the endowment fund looks like the Foundation has a policy (even if not
formal) of sweeping earnings into a separate account. It would also be a helpful fact if the earnings
fund is invested differently and for greater liquidity (e.g., in money market funds) than the
underlying endowment fund. If instead the earnings fund was created by a one-time movement of
funds, perhaps as a result of an accounting change as discussed below with respect to fund # 111,
and if the earnings fund is invested in the same manner as the endowment fund, the argument that
the Foundation has "appropriated funds for expenditure" becomes weaker, and it becomes harder to
support the position that the assets in the earnings fund are no longer permanently restricted.
#102 Molera Endowment ($1,961,752): You have provided documentation regarding the Molera
endowment indicating that a bequest was made from the estate of Ms. Mol era to Mary's Help
Hospital, which changed its name to SMC. There is sufficient documentation in the file to indicate
that Ms. Molera's intent was that the bequest be maintained as a permanent endowment fund to be
used "so far as possible, for the benefit of needy and worthy persons, preferably the elderly .... " It
is not clear from the documents provided how much the bequest was wmih, but it may be possible
to determine the original value of the endowment fund from other records. You have asked whether
it would be acceptable for the Foundation to make a retroactive appropriation from the fund for
charity care. It is my understanding that, unlike Harney and Mahoney, no separate fund was used
for earnings attributable solely to the Molera endowment. However, you have suggested that
income from the Molera endowment has been moved to fund #111 (discussed below), which
appears to be a consolidated earnings fund for several endowments.
As an initial point, it would be helpful if we could confirm that the consolidated earnings fund # 111
includes income from the Molera endowment. In addition, as with the Mahoney endowment, it
would be helpful to understand how earnings on the Molera endowment are allocated and whether
the board has taken any action to appropriate earnings from the Molera endowment fund. If
earnings from the Molera endowment plausibly can be said to have been "appropriated for
expenditure" (see the discussion above regarding the Mahoney endowment) and placed in fund
# 111, then at least a pmiion of the assets in fund # 111 can be spent for charity care.
It is possible for the Foundation's board to appropriate an amount greater than seven percent of the
value of the Molera endowment fund (#102) for charity care. However, before doing so, the
Foundation should gather as much infmmation as possible about the management of the fund so that
it would be prepared to rebut an assertion that it had acted imptudently pursuant to the requirements
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of CA UPMIFA. In addition to the prudent spending factors listed inCA UPMIF A, I recommend
that the board consider the following: the original value of the fund (if available), any information
about past expenditures from the fund, the timeframe for allocations of income from the Molera
endowment to the consolidated earnings fund # 111 (assuming that income has been so allocated),
and what decision has been made about expenditure of assets in # 111 (again, assuming some
amount of fi.md # 111 is attributable to the Molera endowment). If the board concludes, for
example, that significantly less than seven percent of the value of the Molera endowment has been
spent over the years, then it might be appropriate to conclude that a larger than normal appropriation
is appropriate and could be suppotted if challenged by the CA AG as imprudent.
#1 04 Walch ($25,000): You have provided a copy of the 1994 Walch Charitable Remainder
Unitrust, which states that distributions from the Unitrust to the Foundation are for capital projects.
There is no indication in the Unitrust document that the donor intended the distributions to be
maintained as permanently restricted endowment. It would be fine for the Foundation's board to
decide to discontinue treating the fi.md as a permanently restricted endowment fund.
#111 SMC Investment Income Fund ($951,748): According to Alice Huang of the Central Business
Office, fi.md #111 is a consolidated earnings fund for the Foundation's permanently restricted
endowment funds (fimds #100-106). 14 Fund #111 apparently was created in 2007 as the result of an
accounting change recommended by Deloitte & Touche. Alice provided us with a memorandum
dated November 1, 2007, which explains that because the investment portfolio of the Daughters of
Charity Health System would begin to be treated as a trading pmtfolio (rather than as a non-trading
portfolio), all realized and unrealized gains and losses, except those of temporarily and pennanently
restricted funds, "will be reclassified to investment income included in revenues in excess of
expenses ... on the consolidated statements of operations and changes in net assets." The 2007
memo does not provide any specific information about the creation of fund # 111, but Alice
indicated that the accounting change was the basis for the formation of the fund. The 2007 memo
also does not address how earnings on permanently restricted fimds were handled prior to the
accounting change. You have asked whether it would be possible to spend fund #Ill in filii.
As discussed above with respect to the Mahoney endowment fimd, the Foundation may expend
amounts from permanently restricted endowment fimds that have been "appropriated for
expenditure." To the extent that amounts are moved regularly from the permanently restricted
endowment funds into fimd #111, it may be possible for the Foundation to take the position that
earnings have been appropriated. This position would be strengthened if there is any evidence of
fmmal action by the Foundation's board to determine an amount that should be moved to fi.md #111
or acknowledgement by the board of a policy of moving earnings to fund # 111. As noted above
with respect to the Mahoney endowment fund, it would also be a helpfill fact if fund # 111 is held in
more liquid investments than the underlying endowment funds. If, alternatively, there is no
indication that the board has ever had any involvement in or awareness of the periodic movement of
14
Although fund #Ill has been linked with all six permanently restricted endowment ftmds in our conversations, it is
not clear if fund #Ill holds eamings attributable to the Hamey (#100) and Mahoney (#101) endowments, which each
had its own eamings ftmds.
9
32554529_2
ROPES & GRAY LLP
earnings into fund #111, and the sweep of earnings to fund #111 appears to be done solely as an
accounting matter, it becomes harder to argue that earnings have been appropriated for expenditure.
We hope this memorandum provides a useful overview of the relevant law applicable to
permanently restricted endowment funds and answers your questions about the options for ce1tain
of the Foundation's endowment funds. As noted above, in most cases it would be helpful to
continue to collect information about the fmmation and management of the funds before making
final determinations about expenditures from and future management of the funds. We would be
pleased to help in any way with this process.
********************************************
IRS Circular 230 Notice
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax
advice contained herein is not intended or written to be used, and cam10t be used by any taxpayer,
for the purpose of avoiding U.S. tax penalties.
********************************************
10
32554529_2
Ahn, Tina (SMC)

Wednesday, March 20, 2013 12:18 PM
Ahn, Tina (SMC)
Restricted Funds -- Harney Endowment Fund
Pauline Harney Will.pdf
From:
Sent:
To:
Subject:
Attachments:
Tina: I have attached a copy of the will of Pauline Harney that we obtained from the Superior Court in San
Francisco. The bequest to Seton Medical Center is addressed in article Fourth, paragraph (bb) on page 4. The bequest is
for $300,000 and is restricted for use "for the care and treatment of the poor and needy at its Pauline E. and Charles L.
Harney Clinic." The good news is that the gift clearly is not permanently restricted to the endowment so the full amount
in the Harney fund can be spent currently. The bad news is that the gift is restricted to use at the Harney Clinic, which I
think may not exist. If the Clinic existed at one point and has been folded into a hospital department, it would probably
be fine to allocate the funds to that department. If the Clinic never existed, the conservative approach would be for the
Foundation to notify the California AG and seek a release from the San Mateo court.
In our last call we also discussed, the "Capital Campaign" fund (#73). Did you have any luck tracking down a copy of a
merger agreement between SFHVI and Seton?
I'll be out of town starting this Friday for a week, but would be happy to have a call when I return.
Best, Morey
ROPES & GRAY LLP
T +1 202 508 4645
I F + 1 202 383 9866
One Metro Center, 700 12th Street1 NW, Suite 900

t'-1orey. Ward@ropesgray.com
www.ropesqray.com
tax advice contained in this communication (including any attachments) was not intended or written to be used, and
cannot be used, for the purpose of avoiding U.S. tax-related penalties or promoting, marketing or recommending to
another party any tax-related matters addressed herein.
This message (including attachments) is privileged and confidential. If you are not the intended recipient, please delete it
without further distribution and reply to the sender that you have received the message in error.
'Ahn, Tina (SMC}

From:
Sent:
To:
Subject:

Wednesday, July 03, 2013 7:11 PM
Ahn, Tina (SMC)
RE: follow-up; PRIVILEGED AND CONFIDENTIAL/ATTORNEY CUENT PRIVILEGE
Tina: I've had a chance to review the documents you provided and to follow up on your email below. Here's a summary
of where I believe we stand on several of the restricted funds:
1. Harney Endowment: On June 18, we discussed the fact that pursuant to the will of Pauline Harney, Ms. Harney's
bequest is not permanently restricted to the endowment so the fufl amount in the Harney endowment fund can
be spent currently. However, we also discussed the fact that the bequest was restricted for use at the Harney
Clinic, which I believe {based on other documents) was probably to provide indigent oncology care. There is no
Harney Clinic currently, but you thought there might be a plaque or some other recognition of the Harney Clinic,
which perhaps has become part of a hospital department. Even if there's no evidence of a Harney Clinic, it
would probably be reasonable for the Foundation's Board to allocate the funds to SMC restricted to care of
indigent oncology patients. Will you let me know If you need a more definitive statement from me about the
transfer of the funds?
2.
\
\
Mahoney Endowment Earnings and the SMC Investment Income Fund: We have been unable to get a clear
answer to the question of how the Mahoney Endowment Earnings and the SMC Investment Income Fund were
created and how they are managed and invested. The amount recorded for the Mahoney Endowment Earnings
fund has not changed recently, so any earnings on the Mahoney Endowment Earnings {and probably earnings on
the Mahoney Endowment as well) are presumably being credited to another fund, perhaps the SMC Investment
Income Fund. As we have previously discussed, if the assets in the Mahoney Endowment Earnings and the SMC
Investment Earnings Fund (together referred to as the "Earnings Funds") were not "appropriated for
expenditure" by the Foundation's board, then UPMIFA provides that the assets in the Earnings Funds
attributable to permanently restricted endowment funds (like Mahoney) continue to be treated
as permanently restricted and would be subject to the UPMIFA spending limitations outlined in my December
io, 2012, memo unless there's a provision in the gift agreement that overrides the UPMIFA provision.
You asked whether it would be possible for the Hospital's board to decide to spend from the Earnings Funds.
do not interpret either CA law or the Foundation's bylaws as giving the Hospital (as the Corporate Member) the
right to transfer assets from a fund that belongs to the Foundation without a prior decision by the Foundation's
board to do so. In a crisis situation the Hospital could perhaps transfer funds without Foundation approval and
then have the Foundation board ratify the action later1 but I wouldn't recommend this approach. The Hospital,
acting as the Foundation's corporate member, can "approve the transfer of funds, by gift or loan, between the
[Foundation] and one or more other Affiliates of the Corporate Member and [the Foundation] or to any other
person or entity other than in accordance with the System Authority Matrix ... " Thus1 once the Foundation's
board has decided to transfer funds, the Hospital acting as the Corporate Member, can approve or reject the
transfer. This interpretation is consistent with CA corporate fiduciary obligations, which require a corporation's
board to be primarily responsible for management of the corporation's assets. The Foundation's bylaws also
provide that the Hospital (as the Corporate Member} may "[e]stablish policy and procedures concerning finance
and resources for the [Foundation] .. /' This second provision could be interpreted as stating that the Hospital
could establish a polfcy for the Foundation that provides for the periodic transfer of funds to the Hospital, but I
would sti!l recommend that the Foundation approve the transfers in order to ensure that they are in the best
interests of the Foundation.
From my perspective, the only truly safe option for the Earnings Funds is to treat them as permanently
restricted and have the Foundation's board authorize annual expenditures/transfers from them that com'ply
with theCA UPMIFA 7% imprudence threshold. The other possib!llties are: (1) ask for CA Attorney
General/court approval to treat the earnings funds as available for transfer to and immediate expenditure by
SMC based on an argument that such action is consistent with the donors' intent that the income on the funds
be used to support SMC; or (2} have the Foundation's board decide that the assets in the Earnings Funds can be
treated as not subject to any endowment restriction and transferred to SMC without AG/court approval,
because the Hospital has a policy (or at least a practice) of moving income earned on endowment funds into a
separate account with the intention presumably that it be available for expenditure and because expenditure of
the Income earned on the endowment funds is consistent with the donors' intent. Both of these options
present some risks. I am concerned about asking for AG/court approval to treat the Earnings Funds as
completely unrestricted because I think the Hospital's records may be confusing, the Foundation may end up
looking like it doesn't understand how to manage permanently restricted assets, and any argument for treating
the funds as fully expendable on a current basis may be on persuasive. I'm also worried about the second
alternative, which requires the Foundation's board to take responsibility for a serious matter that could create
llabillty If the AG were to determine that the directors had violated their fiduciary obligations and/or CA UPMIFA
in deciding that the Earnings Funds were not restricted and could be transferred. I recommend that we discuss
the Earnings Funds with John before taking any action.
3. Funds for SFHVI (Capital Campaign, SFHVI Ascension Health Valuation Reserve, SFHVI Investment Income and
SFHVI Other): My understanding is that SFHVI currently operates as a department of SMC rather than as a
separate entity. Based on the documents you provided with your email below and other information I dug up, it
looks like SFHVI was never dissolved as a corporate entity or formally merged into SMC. It still exists as a
corporation in the records of theCA Secretary of State, theCA AG's listing of charities, and the IRS list of public
charities. It does not make filings with any of these entities, and Its corporate status has been suspended by the
CA Secretary of State. I recommend that we seek AG/court approval to transfer the funds to SMC for
appropriate purposes. It's possible that this can or should be done in conjunction with a formal dissolution of
SFHVI. Again, this is an issue that we should discuss with John.
4.
Zapolanski: There's an email from David Siebert to Robynn Van Patten dated Dec. 16, 2010, which states that
the Foundation received a response from the donor authorizing the amended use of funds for the Zapolansk!
Endowment and the Zapolanskl Endowment Earnings.
5. Ascension Health Valuation Reserve Funds and "Other'' Funds: I'm not aware of any information about how
these funds were formed (i.e., board restricted v. donor restricted) but I have no reason to conclude that David
Siebert's recommendations from 2010 regarding these funds aren't still valid. In each case, David recommended
that, unless SMC or the Foundation was able to !ocate information about how the funds were formed, the funds
should be included on the list to be discussed with the AG.
Please let me know if you have any questions or would like to discuss in more detaiL I hope you have a terrific 41h of
July.
Best, Morey

ROPES & GRAY LLP
T +1 202 508 4645 I F + 1 202 383 9866
Morey. Ward@ropesqray.com
www .ropesgray.com
tax advice contained in this communication (Including any attachments) was not intended or written to be used, and
2
'.
Trustee, if at a later date, THOMAS HOEGEL or such other successor

Trustee, is unable or ceases to act as Trustee.
Such designation
shall be made in writing and delivered to and held in the records

of the Tru.stees or Successor Trustee.
ARTICLE SEVEN
Upon the date of death of the survivor of the Trusters, this
trust shall end, and all of the then principal and income of the
Trust Fund (other than any amount due either of the Trusters, or
their estates under the provisions above) shall be distributed free
of this trust to the following charitable organizations in the
following percentages:
l)
Forty percent (40%) to SETON HEALTH SERVICES FOUNDATION of
Daly City, California for capital projects;
2)
Fifteen percent
( 15%)
to the CALIFORNIA ACADEMY OF
SCIENCES of san Francisco;

3)
Fifteen percent ( 15%) to the SAN FRANCISCO ZOOLOGICAL
SOCIETY for the building program;

4)
seven percent (7%) to the HANNA BOYS CENTER of Sonoma,
California;
5)
Seven percent (7%) to the AMERICAN RED CROSS BAY AREA for
their use in the Bay Area;

6)
One percent ( 1%) to the ROMAN CATHOLIC ARCHDIOCESE for use
of the ROMAN CATHOLIC MISSION in Brisb.ane, California;

8
'
,. '
.t,
Toeniskoetter&Breeding Inc.
CONSTRUGION
l.l< No.4340Z9
--------- --1%0 The.Aiamecta, Sillte:m. San )ose~C<~Iifornia-95-t-26--

(408) 246-3691
June 27, 1991
Sister Elizabeth Parham, D.C.

Chairman
Board of Directors
Daly City, CA 94015
\
JUN 2 8/991
Dear Sister Elizabeth,

Recognizing the need of Seton Medical Center for charitable
support, we wish to pledge $10,000.00 a year for the next five
years, for a total contribution of $50,000.00. This gift is to be
used for research and education programs at the San Francisco Heart
Institute. Our gift is to establish an endowment fund to support
research at the Heart Institute under the name of 11 Toeniskoetter
& Breeding,Inc. Research and Education Fund at the San Francisco
Heart Institute."
An initial payment of $10 1 000.00 will be made on or before December
31, 1991 with the balance to be paid in four (4) installments of
$10,000.00 each, on or before December 31, of the following four
years,
Sincerely,
~oetter
(., - l- "1 -'1 J
Date
CJT: sb
Attachment: Request for funding letter dated February 6, 1991
'
.' .
Jill~
~!!
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....,_...,
H.
-~--S_e_ton~_d!c_alfrnter__-----------F-&8--f-J-mr------
H
- 8. /.
J.
February 6, 1991
Mr. Charles J. Toeniskoetter

Mr. Daniel L. Breeding
Toeniskoetter & Breeding
1960 The Alameda, Suite 20
San Jose, CA 95126
Dear Chuck and Dan:
The close relationship between the Daughters of Charity and
Toeniskoetter & Breeding goes back many years. Few are more
~.,ell aware than you of the Daughters' Mission and how it is
realized through the care given in our hospitals.
As you know through your good firm's involvement in the
construction of Seton's Catheterization Laboratories, one of
the country's leading centers for cardiac research and
education, the San Francisco Heart Institute, is located on
the campus of Seton Medical Center. Since its founding, the
physicians at the Institute have pursued three goals: to
restore to health those who suffer from cardiovascular
disease, to find better and more innovative ways of treating
this dreaded killer, and to share their expertise and research
findings with physicians all over the world.
Request for support
We respectfully request that you consider a gift of $50,000
payable over five years to establish an endo~~ent fund to
support research at the Heart Institute.
The Toeniskoetter and Breeding Research and
Education Fund at the San Francisco Heart Institute
prudently invested, will generate annual income which will
permanently and perpetually help to meet the capital and
operating expenses associated with the Heart Institute's
research programs.
&.'1<'0
M<'dl.:al C"'11er:
Set<'ll Mt\lf:al {\11!ct. Sl Coilu.'fill< HGSj)!tal 011 Hlf :.looo e.ay. S:!n ~""''"'~ H<n lflSIIIUI< S:!n frands.:u $p!O< lmtiiii!C
S'1.(~f'1 MoJi,;~l..J.lllc~. CL-tn~ocs Setan He:ahh S.:f\iC!..>s: fLttrndiltJ.on Sewn lnsu1u1~ rix lnt~math'mal Ot.."'\t'k'Pllll'm ~nrdssu.s f}'l.: Rl!'5carch K."lUUldtnioo
d'
t'
'<

.. _____ ........:._!:.~pruary 6, 1991

Page 2 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- - - - - san Francisco Heart Institute
Research is the lifeblood of advances in medical and surgical
treatment. The Heart Institute has been at the forefront in
developing new procedures which are less costly, less
traumatic and more effective than traditional surgery. The
Institute's accomplishments and achievements this past year
alone include:
o
continued research into

to open channels in. the
oxygenated blood to the
\'lhich provides hope for
surgical alternative;
the use of a surgical laser

heart wall to provide
heart muscle -- a technology
patients who have no other
great progress on a new, more effective design for a

stent -- a support device left inside an artery to
hold the wall open. FDA approval has been received
to implant the stent in humans under limited
circumstances. The outcome for the three
individuals receiving this stent has been extremely
successful.
establishment of Seton as one of the nation's

leading providers of cardiopulmonary support -- CPS
-- a last resort technique used when a patient
cannot survive unassisted angioplasty or
cardiovascular surgery. CPS has save the lives of
over 40 patients at seton.
sharing information firsthand on procedures used by

American cardiologists with three visiting Soviet
cardiologists.. Three physicians from the Heart
Institute visited Moscow's All- Union Cardiology
Research Center last october.-
All researchers must struggle with securing funds to pursue

their research. Searching for financing is time-consuming and
detracts from the energies devoted to discovering new
treatments. Through the establishment of endowment funds, the
physicians at the Institute vlill have a Elteady and secure
source of research funds.
R~search
plans for this year include:
Laser Research - When ang~oplasty and bypass surgery are not

options 1 laser technology can be used to revascularize the
heart. Seton is currently not permitted to charge for the use
of its laser until final approval (estimated to be t\o;o years)
has been received from the FDA. In this interim, when a
cardiac patient has no other treatment alternative 1 Seton

--~----___Eeb:r_q~_D' 6,
Page 3
1991
provides use of the 1 aser \oli thout reimbursement. Funding is

being sought for this research project during its clinical
trial phase.
stent Research - The Heart Institute is supporting the
research into a stent which vrill provide skeletal support to
vessels to prevent restenosis (recurrence of the narrowing of
the vessels) in angioplasty patients. Approximately 30% of
all patients who undergo PTCA experience restenosis within b;o
to three years of treatment.
Research Database Upgrade - An upgrade to the computer system
used to collect data on cardiac patients would expand computer
memory capacity and provide an interface bet\o;reen the Institute
and the Catheterization Laboratory computers.
Funds spent on research can be counted preciselyi the value of
the lives saved and kept productive cannot be. Your endowment
fund will help assure that this life-giving research will
continue.
Chuck and Dan 1 through your good works we kno\v you share in
the belief that great institutions are the responsibility of
all who believe in the betterment of their community and that
sharing is a way of life.
Building this institution has been the accomplishment of a
remarkable and ongoing partnership of support, a partnership
of private individuals and organizations \'lith the Daughters of
Charity. Insuring the success of our Mission tomorrow
requires continuation of this partnership today.
It is only through the generosity of donors like you that the
Dauahter.s of Charitv and Seton Medical Center can continue to
pro~ide quality patient care and community programs.
The return on your charitable investment will be the medical
discoveries and breakthroughs of tomorrow, the resulting
changes in practice and technology, the lives savesi all a
result of your vision, generosity, kindness and compassion.
, ..
Mr. "Charles J. Toeniskoetter
February
6, 1991
____...;..Page
4------------~-
----------~-------------
Should you have any questions about our proposal, please do

not hesitate to contact me at 991-6868. Thank you for your
time and consideration of our request and for your past
support.
Sincerely,
).
~?
~-.<::~'-='-
/.-:;--pi
~
'sister Elizab~th Parham,

Chairman
Board of Directors
SrEP:sf
D.
c.
i?J;wv~aq
Richard K. Myler, M.D.

Executive Director of
San Francisco Heart Institute
and Clinical Professor of
Medicine
University of California,
San Francisco
THE 1994 WALCH CHARITABLE REl1AINDER UNITRUST
This Trust Agreement is entered into between FRANK M. WALCH

and MAY WALCH, husband and wife, as the Trusters and themselves,
FRANK M. WALCH and MAY WALCH, as the Trustees.
The Trusters hereby
transfer to the Trustees the property described in Schedule A

attached hereto, all of which property, and all property which may
be added to the trust at any time, is sometimes referred to as "the
Trust Fund," IN TRUST, and the Trustees accept such property and
agree to hold, manage and distribute such property of the trust
under the terms set forth in this trust instrument.
ARTICLE ONE
This trust is irrevocable as specified in ARTICLE TEN and
shall be entered on the books and records of the Trustees as THE
1994 WALCH CHARITABLE REMAINDER UNITRUST.
ARTICLE TWO
The Trustees shall pay to the Trusters for so long as they
both shall live, and then to the survivor of them for so long as he
or she shall live, an amount equal to five percent (5%) of the net
fair market value of the trust property valued annually.
The
unitrust amount shall be paid from income and, to the extent that
income is not sufficient, from principal.
Any income of the trust
in excess of the unitrust payments shall be added to principal.

Except
for
payments
for
full
and
adequate
consideration,
no
I
'
'
payments other than those provided for in this Article shall be

made to or for the use of any person other than an organization
described in each of Sections 170(b)(l)(A), 170(c), 2055(a) and
2522(a) of the Internal Revenue Code of 1986, as it may be amended
from time to time (hereinafter called "the Code").
The. fiscal
calendar year.
and taxable year of this trust shall be the

The trust assets shall be valued by the Trustees
each year on the first day of each taxable year.
The payments to
the Trustors shall be made quarterly on the last day of each

quarter of the calendar year.
In determining the unitrust amount, the Trustee shall prorate
the same, on a daily basis, for a. short taxable year and for the
period of time a Trustor lives in the taxable year of his or her
death, in accordance with Section 1.664-3(a)(l)(v) of the Federal
Tax Regulations.
If the net fair market value of the Trust Fund is incorrectly
determined upon any valuation, then the Trustees shall pay to the
Trustors or the survivor of them, in the case of an undervaluation,
or the Trustors, or the survivor of them, shall repay to the trust
in the case of an overvaluation, an amount equal to the difference
between the amount actually paid and the amount which should have
been paid if the correct value were used for the Trust Fund.
such
payments shall be made within a reasonable period after the final

determination of the correct Trust Fund valuation.
--L,---
ARTICLE THREE
The Trustees shall have all of the powers and authority
conferred upon trustees by the law of the state of California in
effect at the time of execution of this instrument.
Without
limiting the generality of the foregoing, the Trustees shall have

(a) full powers, in their discretion, to retain any or all of the
property comprising the Trust Fund, to invest and reinvest the
Trust Fund and to purchase or otherwise acquire every kind of
property, (b) the power to acquire and hold trust property in their
own names or in the name of a nominee, with or without indicating
the trust character of the property, and (c) the power to sell all
or any part of the Trust Fund and to do and perform any and all
other acts and things deemed by the Trustees necessary or advisable
in the management of the Trust Fund that may be done by an absolute
owner of property.
Nothing in this Agreement shall be construed to
restrict the Trustees from investing the Trust Fund in a manner

which could result in the annual realization of a reasonable amount
of income or gain from the sale or disposition of trust assets.
In
determining the net income of any portion of the trust that is

invested in depreciating or depleting assets, the Trustee shall
withhold and add to the trust corpus such reserves for depreciation
andjor depletion as are considered adequate according to accepted
accounting,
engineering,
and property management principles to
maintain the trust corpus intact.

The determination by the Trustees of all matters with respect
to what shall constitute principal of the trust,
3
gross income
'.
thereof, net income thereof, and the amounts distributable under

the terms of this trust, shall be governed by the provisions of the
Principal and Income Law of the State of California, except as any
such matters may be otherwise provided for in this trust.
addition to all other
In
receipts which the Trustees shall properly
credit to principal thereunder,
the Trustees shall credit to
principal the amount of any and all receipts which, under the Code
as effective at the time of each such receipt, shall be treated as
gain on sale or other disposition of a capital asset (including,
but without being limited to, capital gains distributions on shares
of regulated investment companies).
In the event and to the extent
that any such matters relating to what constitutes principal and

income of the trust is not provided for whether in this trust or in
the said Principal and Income Law, the Trustees shall have full
power and authority to determine such matter in their absolute
discretion,
and
such
determination
of
the
Trustees
shall
be
conclusive upon all persons howsoever interested in this trust.

However, in any conflict with Section 664 or hereafter promulgated
legislative or Treasury requirements for the qualification of this
Unitrust, and for the Trustors' obtaining the full benefit of any
income, gift and estate tax charitable deductions to which the
Trustors (and the Trustors' estates) may be entitled, Section 664
of the Code, the regulations thereunder, and the legislative and
Treasury requirements shall govern.
The Trustees are prohibited from exercising any power or

discretion granted under the laws of the state of California that
would be inconsistent with the qualification of the trust under
Section 664(d)(2) of the Code.
ARTICLE FOUR
Additions to this Trust Fund by either of the Trustors or any
other person in the form of property acceptable to the Trustees may
be made at any time,
and shall thereafter be subject in all
respects to the terms, provisions and conditions of this Trust

Agreement.
For purposes of the taxable year of the trust in which
such an additional contribution is made:

1)
If
there
is
no
valuation
date
after
the
time
of
the
contribution, the additional property shall be valued at the time

of contribution, and
2)
The payments to the Trustors shall be computed by multiplying
the fixed percentage provided for in this Agreement by the sum of

(a) the net fair market value of the trust assets (excluding the
additional property as of the valuation date including any earned
. income from and any appreciation on such property) and (b) that
proportion of the value of the additional property (that was
excluded under subdivision (a) of this subparagraph) which the
number of days in the period which begins on the date of transfer
and ends on the earlier of the last day of the taxable year of the
trust or the date of termination of the non-charitable interest,
bears to the number of days in the period which begins on the first
day of such taxable year and ends on the earlier of the last day of
5
such taxable year or the date of termination of the non-charitable

interest.
Unless
otherwise specifically provided,
additions
to
this
trust made by way of bequest, devise or transfer by reason of a

donor's death shall be deemed to have been made on the date of such
donor's death, and the obligation to make payments to the Trustors,
or to the survivor of them, on account of such additional shall
commence with that date;
however,
payments on account of such
additions may be deferred from the date of the donor's death to the
end of the taxable year in which an addition shall have been
received
in
full
by
this
trust.
Within
reasonable
time
thereafter, the trust shall pay (in the case of an underpayment) or

shall receive from the Trustors, or the survivor of them (in the
case of an overpayment), the amount determined in accordance with
the provisions of Sections 1.664-l(a)(S)(i) and (ii) of the Federal
Income Tax Regulations.
ARTICLE FIVE
Except in the case of a
undivided
part
organizations
of
listed
an
voluntary transfer of all or an
income
in ARTICLE
interest
SEVEN,
to
to
the
the
charitable
fullest
extent
permitted by law, the payments from this trust to the Trustors, or

to the survivor of them, shall not be assignable or transferable by
the Trustors,
or
the survivor of them,
voluntarily or involuntarily,
transfer thereof shall be
in whole or in part,
and any purported assignment or
"YQ,~~
All taxes that may be imposed on any interest in property of

this trust by reason of the death of the Trusters or either of them
shall be paid from sources other than this trust and not out of
this trust.
If for any reason effective provision for the full
payment of such taxes out of Trusters' estates or sources other

than this trust is not made, the interest of a surviving Trustor
will take effect only if the surviving Trustor furnishes the funds
for payment of such taxes attributable to his or her interest for
which the Trustees or the trust would otherwise be liable.
ARTICLE SIX
If FRANK M. WALCH or MAY WALCH is unable to continue to serve,
or ceases to serve as Trustee, the other of them shall continue to
serve as Trustee.
If both FRANK M. WALCH and MAY WALCH are unable
to continue to serve, or cease to serve as trustees, THOMAS HOEGEL

shall serve as Trustee, subject to the last paragraph of this
ARTICLE SIX.
No bond or other security shall be required of the Trustees of
this trust.
The trustees named herein shall make no charge for
their services in holding and managing this trust except that a

charge for investment management not to exceed 30 basis points
(0.3%) of Trust Fund value annually may be paid from Trust Fund
principal on a quarterly basis.
-
The Trusters who are able to act may designate a successor

Trustee (other than THOMAS HOEGEL) or successor Trustees, in the
order
specified to succeed THOMAS

7
HOEGEL or other Successor
Trustee, if at a later date, THOMAS HOEGEL or such other successor

Trustee, is unable or ceases to act as Trustee.
Such designation
shall be made in writing and delivered to and held in the records

of the Trustees or successor Trustee.
ARTICLE SEVEN
Upon the date of death of the survivor of the Trustors, this
trust shall end, and all of the then principal and income of the
Trust Fund (other than any amount due either of the Trustors, or
their estates under the provisions above) shall be distributed free
of this trust to the following charitable organizations in the
following percentages:
1)
Forty percent (40%) to SETON HEALTH SERVICES FOUNDATION of
Daly city, california for capital projects;
2)
Fifteen percent
( 15%)
to the CALIFORNIA ACADEMY OF
SCIENCES of San Francisco;

3)
Fifteen percent ( 15%) to the SAN FRANCISCO ZOOLOGICAL
SOCIETY for the building program;

4)
Seven percent (7%) to the HANNA BOYS CENTER of Sonoma,
California;
5)
Seven percent (7%) to the AMERICAN RED CROSS BAY AREA for
their use in the Bay Area;

6)
One percent ( 1%) to the ROMAN CATHOLIC ARCHDIOCESE for use
of the ROMAN CATHOLIC MISSION in Brisbane, California;

8
7)
Five percent (5%) to the ROMAN CATHOLISCH KIRCHE of A-8421
Wolfberg, steiermark, Austria;

8)
Four percent (4%) to the COMMUNITY CHURCH OF BRISBANE,
California, to be used for upkeep of the building;

9)
Three percent (3%) to the SALVATION ARMY OF SAN FRANCISCO,
California;
10)
One and one-half percent (1-1/2%) to the NATIONAL WILDLIFE
FEDERATION of washington, D.c.; and

11)
One and one-half percent
(1-1/2%)
to the LIONS EYE
FOUNDATION OF SAN FRANCISCO TRUST, San Francisco, California.

If upon termination of this trust, any charitable organization
listed in this ARTICLE SEVEN is not a tax-exempt organization
described in each of Sections 170(b)(1)(A), 170(c), 2055(a) and
2522(a) of the Code, the Trustee shall distribute such charitable
organization's portion of corpus pro-rata to such other charitable
organizations
list~d
in Sections 1) through 11) above meeting
the
requirements of said Sections of the Code.
ARTICLE EIGHT
It is the intention of the Trustors that this trust shall
qualify as a Charitable Remainder Unitrust as that term is defined
in the Code, and this instrument shall be so interpreted,
To
further carry out this intention, the Trustees are authorized, on

their action alone, to amend the provisions of this Agreement for
the sole purpose of complying with the requirements of section
664(d) (2)
of the Code,
and of Regulations
9
issued under that
section.
Any such amendment shall be made by an instrument in
writing, a copy of which shall be furnished to the Trustors.
ARTICLE NINE
Except for the payment of the unitrust amount to the Trustors,
the Trustees shall not engage in any act of self-dealing as def-ined
in Section 4941(d) of the Code; nor shall the Trustees make any
taxable expenditures as defined in Section 4945(d) of the Code or
the
regulations
thereunder;
nor
shall
the
Trustees
make
any
investments which jeopardize the charitable purpose of this gift as

defined in Section 4944 of the Code or the regulations thereunder;
nor retain any excess business holdings within the meaning of
Section 4943 (c) of the Code.
The Trustees shall make distributions
at such time and in such manner as not to subject the trust to tax
under Section 4942 of the Code.
ARTICLE TEN
The trust hereby created shall be and is hereby expressly
declared
to
be
irrevocable
and not
subject
to
amendment
or
modification by the Trustors, subject to their power under ARTICLE

SIX to designate a Successor Trustee or successor Trustees.
10
IN WITNESS WHEREOF the Trustors have subscribed their names

hereto and the Trustees have caused their names to be hereunto
subscribed
thi~day
of December, 1994.
TRUSTOR
TRUSTOR
TRUSTEE
TRUSTEE
11
"'
0
SCEEDULE A
ACC0 UKT H 0 l ~ l NG I
~ l;ANl<
REG:ON
OFFICE
Hi
PAGE
1!)22
~CC(ll!NT
~4'.?.31NK7
<137G81 CZ7
~2B2J1ilS
><
z
.ai ~(f)T<\.'6
/
~~0<n:iKAU
i5""
~73ilFT7
~0: 1 'I SBP6
"'
~k73E:n
WALCH FRAHK I. 11AY
7562720
ii~R~f::T
PAR
.SHAF:ES
()(>.'.)(')
i-!)0.~
10.&<:>0.f;!O\l
1t0i _3"15
1E>.l37.51.l
ANTlOCH CA li1F"T M> ACT 1915

ASSMT DlST ~27-Jl C.l-2-?5 '~3.00E>
r~rn 0S-i SB9 7. i s0;! e9-@2-01
iOG.G'l
100.00
5.001.~0-t:>
103.215
5.'160.75
.?.REI'! Ci\ F<Jf< FHl AUT!i REV DlST

UhSF.:R C Gf0-1-$'5 Hl2.50'"
f>TD (>'"!-gs S.1007. Hl-e1-i4
Hj(),(t<.)
10<1.00
1&.000."'>00
102.852
i )). 2B5- ... 20
'0!).eo
i 0(1. f)(')
10. 01i)f). 0'>0
10'1. 74~
li>."/74.90
1 0<}.00
100,f!O
~O.OOG.O!.>'.?
99.080
9.9!!8.>0
ee
1OG.Qf>
;e,Of!0.0G0
101.978
Hl. l '??. 80
CAUfO!Ul:!r. CITY Cl+ REllE\1 AGY TAX

AI_LOC r<EV REPE'" F',l C9-1-1 11!/2,00
DTD f>~-1~i-9:i 7.5007. 09-fli-2:~
100.00
'f)t) .~0
1<1.000.09~
96.890
1.689.09
Glt Eal. F~1CS t\UT!l REV St\iHA CLAr,A

GZ-1-96 102 .0:1
j()!').f)f)
190.0'3
' ft. 000.0$0
e4. Hl9
10.410.90
l':)~!. Ol.l
1 0 f)00 ~,,,
0~L
45'3
1'.1. ~) 4 ~L ~5 ()
100.ee
:?.f). f-00. 9G0
Hl~.937
2! .18'/,4&
96. 9e.oJ
~~.69\.::0
n. o:;.;
9.7<'~s~~a
~RJ .SFr..NE CA CTi'"S f'i\RTN Cl'J!C CT>:

FIN\. Pl>"ti.J C4i 1'8 1 i12.0E)(>
DTD 04-(:;1-SS ~l. 3(107. ftl-0104
(<RI.H:iliJE CA PU9 FJ.NG iWTH REV

DH e~;-02-91 C92-f 102. 0Gt>
3 .. :1(:)0/: (';c9-02~15'
.
BRISB!<NE CA r.:EDEV AGY TP.X Ali.OC
l!lG.
SRI SMNE Cl1NTY :2 C3-1-9~5 1')2. 30

DTl) !;3i 5-86 8.000:! 63--0104
101).~0
CA EDL FACS At!Tfl I~E:\1 STMFGRD

(JlHV f'fWJ SI::R G F~1:.-i-95 102.Mtil
l)i"} 1 :!-$ i -85 f: "50(~;~ t 2-0i -i 5
CA fiUH FACS At:Tfl REii ST~!oiFOf<D

UNIV "dOSP SER n DTD l i --01-E:4
7. 231~1:! 'f 1-tZi 'i.,.
f 0S. :lfl
C~ HI..TI! FAGS fi~G t.)UH! REV ;n

.IOSPr!S rlt.TR OID C7-19? 102.000
rnn EJ5(-)oi -ss o. 9<)0"7. G7-0 f -1 ~
1 ee . . !~'6
1 (-)0. ()l.l
10.00~.00(,)
100.0
1()0, !\'0
"'
~326Q\ol4
U~lrV
02-(>1-'~8
k:i3fUI7l
111'\R~ET
':IALI.IE
DTI> ' 2-<l f S6 6. 7:50%
"'"'
UIIIT PRXCE
ACALANE:S CA UN HIGH SCH DU'T

SF.:f~ B GAP GTY tJT CSi -I'Et 102. ~E'I'>
Dll' e,;-Of'f0 7.0!;1!17. OS-01-12
.....,."'
~~tr::.zwe
..,.
~RUS"!"f.ES
FEDERAL
T(>)( CUSl"
IrlVESTiiENT
A<""l'"l"
1"1->~ -
"">~
DATE i2/28/91
:rJi'!E i ~~. 21
H)
~~ f30.S27A'(3 Gi\LJF()!t!HA ST SER !.<A

D"fl) 0! .. 01 9c C2.. I -'i'3
'
....
"'
;. :nsz
-i 9
MH
i 02. (:\0
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0 ,,Z.(10 ~ (:lf)~
SCEEDULE A (cont.)
'"'0
0
H)
l'l I<ANf:
o'l
C t 0 IJ N T
1\1<
022
REGT.OH
OfFICE
ACCOLINT
IOALCH FRAI'!K I. MY T?.\JSTEES
?56272S
FEDERAL
HlVUTMENf
.hssET
{;;e.~b3\IS3
ilATE 12/28/94
TII'IE H?:2i
I"AGE
2
1101.l>T.NI;S
TAX
~o.n
PAR I
)flARES
. !IARI(ET
IJIIUT PRICE
MAAKr::T
;..'ALUE
C<'l ST DEPT ~TR F;Es CENT VY FfiOJ

F:EV StiR F OID 1:61->'8 100.0
nl't 03-i:\l-8'1 6. 0~)( 12-0 <-I'
1 00.0(:>
109.0(;)
10.000.(:>00
S'2.593
9,259.3a
CEI'lTRAL .>tiH ,J()ilQIJJN FHfl:': AUTH c;;

('UB CAP !~l~T F:EV Cl0-11'3 100.00
~TD '"91--90 7, 90('>7. l 3'"'"1 -11
100.M
1!~0.
()/)
5. oo~) ... ef>0
77.%8
3.$73.-1->
CU>YTON CA T.MP'f Hl ACT 1915 lTD

Or<I.IG-Of.\I.(JIURS'l' DT.ST LT C32-95
DTD O<H%--69 S.OOG:r. 09-02-14
100.00
1<)('1,00
16.000,G09
99.658
9. 96~} .. ~~'
-I' .c,,.)
?-1241Jr.
CUf'ERTll-10 c~~ Ui'l SC!l DIST CTFS

PARnl DTD 06-01 ~9e
1 (~0. ()0
HJG.G0
1 & 0<*1 A90
102.187
H>.218.70
>
~-<S<>'<l:l:
'ee.oo
1 e.e. etJ
1 0.000.00()
98.007
'?.BoB.'?G
i'AlRfiELDSIJJ:.\UN CA U~'r Sf'L T~X

Cr!NTY FACS DlSl' ~4 CS-1-1 102.00
n:[) <5-f)1-n 'I, 4oe~ tJEHll -22
100.00
tOO.<lO
20.000. \)0'.)
99 .1\ll
19.33<) ... 20
FDriTrNA C:A !i1F"T ~D f<CT 1915

:'!SSMT HS'i ?'ll?-1 C3-2-95 103.00$
HlG. fHl
!<10. ee
;o.~c0.>1!0
!19.375
9, 937 .. ~)(1
1~e. flo
fle.oe
li1. 00~1. f)0fl
99.721
9. 972.19
~5~6'2f11~4
~67CB0
t-5
~,/
~"3
::2 ~
2 ...-.~'338AC<2
"'~
o-~:-
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I J._
~
~4605~.n
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.,.~~(~S5AP~!
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~ ~67GCC5
.,.
~ ~~\~)21if~~5
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DAVJ.> CA ,JT UN:! sc~; HST CMNTY

FA<;S lJIST ~Pl. TAX 1 CS-tS--1 102
DTD
06--01-%
oa-t 5-91
7. 375::!
os-i s-21
v /u /<r:>-
DTD
<)5--02-~0
7. 7~07. 09-(:1;!-0S
*f/l ~~o2
FClo'HM~ C:l'! Sf''L TAX Cl1Nl'Y FACS

D!S1' C?O-J. EI'IF'lRE CTR G4-1-l i02
J))'IJ 03-:27--$'1 B.5c:;G;:. 04 .. "'1-21

Hf.:i'?E:F:I~
Cl'< J:l1F"J' OD r;cT 191 ~;;

DJ:ST ~91-i :.:9-Z-93 1 O~'i. 1~0:;
OTD 0~~-01 -92 8 .. 5~H}Z ~s-t;l2-24
00.00
100.00
1 :; ~0 -~)00
(1,)3.640
15.546 .. 00
IIUNT!Nr.TON J>K CA REDEll AGY REV

TAX ~L.LOC CENT ~US C6-' -97 102.0
DTD 03-f!i-E'? 7.159:' 12:(i116
100.1)0
Hla. ~~)
1 ().
~00- 000,
H)7. 218
10.7:21.30
HUNTINGTON f'l{ CA RF.ll:;:V AG'I HEV

TAX Al.l.. OC lIF' P..i C5-1 ..
l2.01>
JJTD c)3-'l 1--87 1. 1:;ez ; 1 --i11-2Q
IG0.00
1(-).,,G0 .
1 C). 0(Jt).0flQ
'101 .. ~87
10.718.'10
1NDJ:AN 1..JE:l.I.S \'Y WTR lll.ST tA B[)

ACT 1915 HSSrlT ~91 -l C3-:!-9:;: i 03
t>lD ~?-;!9-92 7 ~ 500Z .,9- 1;)2-06
HHl.eO
i 11'<!.0(')
1D, <)90. 'iJ00
95.1(')6
.9.~10-.l.t~l
~ossm
.,.
SCHEDULE A (cont.)
0
0
11 BANK
AC C 0 U NT
1G
REGIOf!
1\1
GFFICE
022
H0 LD
WALC~
;s62721i'
~28CI-14
be:
:~963?.AU9
....
<>: ~
- i 3Al'IE>
".>30
INVESTI-iEH
"539162AQ1
~riBSR!-14
J.h
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'
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Ii'!OUSTRY CA RFD>; MBIA OJ.!) UT

Hi> 04-0l -93 C7-1-3 101 .125
FRANV.
. 3
MA.Y TRIJSTioES
FEliEHAL
TAX CClST
Pf\n I .I'HARl':S
i1nRKT
UNIT PRICE
MF:KET
VAl.U~
n:;.s<>
0f.I.00
100.00
1 0' ~00. 0Qi)
87.735
~:.
JUf1U1'A CA CMNTv S'ICS DIST ~SFt.

TAX ~i SER ,; C?-1-98 1.;>2.090
DTI 6-01-~19 7.1?.57. 09-0i-1~'
100.e0
H1'i1. :0!>
10.000.0>~
?it .. b3.G
9.6';3.-'\Q
l.f.>KE ELSINORE CA SD ACT 1?15
le<:>.0(')
10().1!0
H!. 0-)9. Of>~
16.5~<
'9.650 .. 60
100.&0
10Go.N)
10,030.@00
i15 .. ?'55
i~.595 .. 5C
. 190.00
HlG.ee:
10.00.000
93.143
9.:>14.30
1 oo.oa
1oe.e1e
19,100~0~~
91.382
s). r3B .. 2,r-
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100.t!l:l
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97 .75~
9, 775.0:>
1 !>0.0~
10~.~~
'0.(')~0.000
101,671
1B.it~7.10
CA PWR AGY f'UB F'I>IR REV

PJ 1 A C7-1-96 1 02
DTD 07-01<-6 7.5007. Dt-01-2~'1
100.00
i 0'<1. >0
10,(100.0(>0
lf.'S.B12
H1.58'i .. 2~
r-t.ACEF~VXLLE cr,, PUB fiNG AL'TI! HEV

SER C OTD 06-[oi-92 C3-15-94 10~'1.
B .. i 25:'1. 09-'i 5-12
10.00
10@.00
i).000.Q0()
93.54<1
9. :)54 .. (;.3
PUERTO RICO HSE; BK & FIN At.Y

s-INGLE 1'' 11 c, 2-1-'14 ! ()3. ~
H>0 .00
100.00
; 0. ~)00. 00()
1(~3- 0(-)0
1"' 3f10.30
5.500%
DIST
07-31-12
~~93-1
SER A CZ.-2-95 103.000
DTD e5-01-94 7.5007. 09-02-07

U.KE ELSINORE CA F"UB FIM& AUTH
LOCAL AG'( REV SEP. ft Ci 0-1-~ 103
DTD 101-?1 e.ooez 10-01-n
l.li<COLN CA CTF"S PAf:Th'
;m; "'EH3i-9:) CB-i-C 1if!-~~)

7 .;;257. >:)8--~l-i 5 'd.{r ,,~
1?.:2~
F"AGE
?'SSEi
/-4920?7AW?.
01\TE 12nE!/?4
Hi1E
ACCOUIH
45656<i)l_G4
N; S
L.IVEf<N1)r,-t CA t;M PJ FING
CONS DlST
~199:'1-~
RE~
ltEF
C3-2-95 1()i.5G
HD i 1-23-9:l 6. 7!>0:t W-G2-f)S
ciVERKORE
lMPT BD ACT
C~
19!5
~~93-2 0:3-2-94 i 03 ,(l\!0
07-2E:-93 7. 25~::: 09-0214
RrDC. DIST
DTD
MOitTEREY PARK CA REDEV AGY TAX

ALLOC RFDC. !'ROJ t C9-i-Z 102.G00
l>TD
~W-61
-92 "1.2507. 09-C11-!4
1'\URRIETA VY CA UNl SCH Dl.sT CTF$

PARTN C:9-1-9"l i 02. Cl@
DTD :>?<?\ 89 7 .61!J0Z &5-01-119
~l(lRTHE:Rl-1
REF
HYD~OELf.C
Drn 12-i-86 ; .25<17.
t2-0i-~6
--~,
SCHEDULE A (cont.)
c
c"'
9AN!:
R(;J:!JN
OF"FrCE
n CC DUNT
Hl
10
G'22
ACCCil!Ni'
7562720
SB.590
17.'118.0':1
7.S9003GES
RIVERSIDE C>'l IMf>T f.<D ACT i915

REF CM~YOfl SPRI~GS (.'3-2-95 l !13
T!lD 0702-89 7. Z507. 09-0?.-l 1
1 ae. 00
190.1)0
H>.e0~.oe~
99.$08
9.900.80
<:OKNE!<T fl'l{ Cl't If!Pl .E<D ACT 1915

RFllG 1..1' C3-2-95 I 03. ooa
DTD 0?-.;;2-93 <
.. 2507. 09.. 92-02
10(1.0(')
1Ofl.90
10.<'H10.00G
94.6S:<
9.46Et.20
ROSE\IrLLF. CA SPL TP.X CMNH FACS

>ST ~~ DHl 01-01-90 (.'9-l-S'S 1(;>2
'i.7<'tJZ 09-~j-20
1 e0.eo
10~).~
10.!);)<~.01)(,)
9EI.74B
'.?.S?4.B~
SAN lll!::;,o CA J!)) ACT !915 ;'4<919

OTI'<Y PHL CTR l i C3-295 1~'i\.aE>~
DTD 09--f)\?9 7 .2S0Z 09-tJ::.!-04
Hia.oe
if,0.00
1 e. 00o3. ee9
93.970
9 1 S~7~13&
Sl-lflT ,o. RDSo'l CA MFM REV . RFDG CODDJNGTOWN MALL SE1': A PUT 12-1-96
DTD j1 .. 01-89 6.8757. i2-01-24
1 S0.0t:
100.00
1~.(,)0-3.000
100.000
1.!:'.000.()0
.fHLOO
l01'l.OI'l
Hl. ~00. 0o:J()
Hl0. 75!ol
1~.17S~ee
lf.t0.00
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1
lv'
.... ~:-46SF2
~ 41 i ~t~5~11
~;(919iBP.1
"' ....
SANTA RC!SA CA wASTEWTI\ SVC FAC.r

DJ:ST lMl'T t<lJ. OF' 91'14-Dl\1 .:If
])TJ) j 2-02-74 7 .00~/.: !17-02-95
,, oooGJ
HK! VY CA PUll i'ING t1UTH :;:E'/ REF

MBI.; OlD DTO 05-Si-9:> C9-1-2 102
5. 400%
~~--, t6tiY.
J
Mr\RKET
V~LUE
20. 000. 0(:)0
....
-<:
;:;
UHF PRICE:
~t)~.90
o:i/
..,.
ri.:\RI{E1
P'AR I SHAP:ES
Hl0.00
ta 777i370BG0
..
TAX C:DST
RIALTO CA REllEV 1\&Y TAX ALLOC

SUB INDL P:EDE~ A~.E<-B Cf2-1-3 !(:)2
I>TD 09 .. 01 .. >'3 6.5007. !2-&1-23
:.:
z
..,.
TRUSTEES
'l6245E.Ilfi6
/775:l9TC'i8
......."'
DATE 12/28/>'4
' TII'IF. 12:21
I"AGE
ol
FEDEI~~L
:iNVESTMErlT
::;;
I.IM.CH FRANK -!. M!<'i
/ASSET
0 L n I N J;
E>~HH
1~/i~
t<le. oc
.. 03
STOCKTON CA IMf'T
[<[) ACT 1915 LTD

OBLIG SPIINOS AS:>MT 91-1 C~?-2-1'5
!lTD <~f..-eS-9! 8.~0~)7.. f,9-f>2-16
1o:>G .. fl<:l
100.1,)
1!). ()O(:i .tl0fl
101.719
jlj,171 .90
STOCK roN CA rt1F'; I<D 1iCT 1915

A.S'SMT 5"0-5-I,J Sl'H PY II Cl-2-95
OTJ) i 1 ! 4-91 '/. 90'!1'/. 09-02 ..21
1~
,00
1 ~0. f)O
10.000. f:.>ee
10~~.325
1-0.332.5e
1!:)0.0$
f ~C)..~t>
10. 0(10 -~(>0
105.166
H>.5~6,6~
tfl().M
10'J.!)e
11J. OJ<i>. OflG
i05. 79
i 0. 570 .. 9Zl
lJNJ:VERSITY Cl\ REVS
HO~P
UCLA l'oE:J>
CTF: H D i 2-C>1-H6 1\'12-1-96 102. M .
<>. 73<)''i.
.12-01-99
Vl'i>LLE.IO CA CTFS F'Af(n Mr1RIIIE

WORLD F'OUNDATlCIN CS-1-0 102.50()
JlTJ) 0S-01-S'O !J.(l(WY. !12-<~1-06
SCHEDULE A (cont.)
'~AN~
m::r;roN
i0
10
JFflCE
022
ACCOUNT
DATI: 12/2B/94
HOLDINGS
TIME
f'f.I&E
ft!:COUNT
756:Z720
~~LCH
FRANK
'9'4273~AG7
/966?6MQO
kATSONV~LLE
I:.IDL
CA !MP'T BD r1CT 1915
lliST C3-2-95
~RP'T
REASSi'INT
~Tll 0-1-:2?-38 7 -400:C
WH J.TT J.ER
TAX C0!1'
~~991-i
t~1D
04-0i -'?i B. 7507.:
C~-i-f
P}IP. !
SHARES
111\RKET
UNt'f f'RlCE
I!Afo.'!(ET
VALUE
100.0-3
10-3.06
t0,0&&.eM
-!01 .. 530.
10, f53~6f>
1&!;.00
10fl.OO
1 a.OG9.GOO
110.\42
11.044.20
09-S?.-95
c;, CMNTY FAC DUT Sf"L
TAX
MAY TRUSTEES
fEDF.:RAC.
HNESTM<:NT
/S"SEl
~2:21
ie2~~
'~9G1~'\;2
\
5
:/
...
SCHEDULE A (cont.)
0
0
!I r<AIIK
I(;
REGION
A C C 0 U WT
..,,,. ..
~
10
or<=rcE n2
H0 l D ENGS
DATE 12/28/?4
TIIiE 12:21
I'A.GE;
.~CCOllNT
....... -.
. WALCH FR(>Id.K !. MAY TRIJHEES
7567.720
. ---"~
53:"!. 756 .. 7~
MRKET VALI.!i: POS"IED M:St:TS

MAI~KET
VALLIE TRADEt ASSUS
.!)9
532,~.75
TDT!!L MAF:I(ET Vo'tl.l!E IJF ltSSETS
.eo
CASII ON fiAND
.. .
<
"'
... 0-iJ
s.~LES
.eo
F"t.US P'ENil WG TRME
TOTAL CASH IWAJ:'.o\BLE
.::
-~
. t.ESl! PENI>~r!G TRAPE -~~~~~CI:!
--:.~::
.00
'' .. TIJTAL I~AR~ET 'iALUE OF (>S.\:ETS 1\N'> CA>'Il PWlLAE<l.E
532. 756 . . 75
g:
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Seton Medical Center

SETON MEDICAL CENTER FOUNDATION

Rochex Lobby/Chapel Fund (Bd. Rest.)

EAS New Life Center

SFHI Research and Education

Diaster Planning & Preparedness

Mother and Infant Wellness

Support health care needs of

West Bay Home Health

Physical Therapy Related Items

1 SFHVI Research and Education

Scholarships for Nurses

Total Temp Restricted:

'---I' .. ' . .' .. .,, - . '.'

~:.:t: t"~.~.f:.~ ~ft.

.--. '. , ....-:.;. ' ~-"' 't,,:;)\,L>. ; .< 't(dtt\y')Ki'rig

.1.Jn-JJU2': -~.~-~f ;r :_;r"'!Olf~

"(Jr.~;U!_ . ._- . .t~!;;~'l~~:~-L ."".~~H}f'. ~i:~~;ll ~: .... :-(-j~::.:~-~i,-/, t.~~-~- :~~:~ri~~-u;~:-r

and publish and

I revoke all WILLS and codicils to WILLS

I direct my Executor, hereinafter named, to pay all my enforceable just debts

:!~-_t .... :.~.--

_of whatever kind or character and wherever situated as follows:

purpose stated below;

the specific purpose stated below;

~-;':. t. " ~" / -

..:: ... ; ~- :- _.._ ~- -.~~- ~-.

for th~ sp\Klific purpose stated below;

Ten percent (10%) thereof, to St. Mary's Hospital Medical Center,

Califprhlflt for'the specific purpose stated below;

Students presently" employed at either hospital, and then working as LVN's or

CNA s, for their further medical education.

Fivepercent(5%) thereof, to PETER F. PALLARiand JEAN F. PALLARl,jointly,

Five percent (5%) thereof, to MAXINE T. SFERRAZZA and CHARLES F.

Five percent (5%) thereof, to RENATA K. WUNSCH and DONALD J. WUNSCH,

to their respective shares;

One percent (1 %) thereof, to my goddaughter, CLAIRE CONRA.GAN SCOMA, and

beneficiaries according to their respective shares; and

I direct my Executor to locate a suitable beneficiary, preferably a senior citizen's

I am mindful of and have intentionally omitted RODNEY EDMOND

I hereby nominate DONALD J. WUNSCH, Executor of this, my last WILL,

I authorize the Executor absolute discretion to sell, lease, exchange, convey,

I direct my Executor, following my death, to do the following for me:

Any of our close remaining fiiends or beneficiaries, as listed in this paragraph, be

2004, in the City and County of San Francisco, State of California.

.t:Z - day of :J v 1\ e..

2004, at San Francisco, California.

5et')'l t-'Y"?!YIC;JcO I CA 2'-\-tll 'L

February 27, 2006

Dear Ms. King:

Telephone (530) 938-4289

September 21, 2006

Dear Ms. King:

Very truly yours,

September 27, 2006

<oil wI' 1;({~,,,

Dear Ms. King:

William Ray and Jacqueline L. Tobias

Seton Health Services Foundation

550/ !191 "<6098

FACSIMILE TRANSMITTAL SHEET

TOTAL NO. OF PAGES lNCLUPlNG COVER,

SENDER'S REFERENCE NUMBER<