AZ vs. CA:02 California Exhibits, Vol II; Nos. 58-113A

page 1

CALIFORNIA DEFENDANTS Exhibit No. 94 Identification: Feb. 14, 1957 Admitted: May 6, 1957 Philip Van Volkenburgh, Trustee ) to ) the California Development Company ) Whereas Philip Van Volkenburgh holds and controls as Trustee, certain property and rights, by virtue of and under certain trusts set forth in agreement made the 19th day of February, 1896, between James H. Beatty, Samuel W. Fergusson and Charles R. Rockwood, together with a Declaration of Trust executed on the same day by said Philip Van Volkenburgh to said James H. Beatty, Samuel W. Fergusson and Charles R. Rockwood, which said property and rights, are fully set forth in said agreement, and the schedules annexed thereto; and, Whereas, by said agreement and Declaration of Trust it was agreed and established that said Philip Van Volkenburgh should transfer and pay over the property, rights and money, held by him in accordance with said agreement and Declaration of Trust, whenever and as directed by the parties to said agreement; and the said James H. Beatty, Samuel W. Fergusson and Charles R. Rockwood, having by an instrument in writing dated the 24th day of April, 1896, authorized, empowered and directed said Philip Van Volkenburgh, as Trustee, to subscribe to the capital stock of The California Development Company, a corporation organized under the Laws of the State of New Jersey, to the amount of $1,000,000 at its par value, and in full payment thereof, and in consideration of the issue