CentralPacificRR1880_0044

That upon motion of the defendants who had appeared in said District
Court of the Fifth Judicial District an order was made by said Court
transferring this cause to the District Court of the Nineteenth Judicial
District of the State of California in an for the City and County of
San Francisco and by operation of law the same was transferred to
this Court.

That Mark Hopkins named in said original complaint herein as a
party defendant died on or about the 29th day of March 1878 and
that the fact of his death was not known to plaintiff at the time said
original complaint was filed.

That since the filing of said original complaint all the property men=
=tioned therein as being in the possession of said Mark Hopkins passed
into and is now in the custody care and control of defendants Mary
Frances Sherwood Hopkins, Samuel F. Hopkins and Moses
Hopkins and the said defendants Mary Frances Sherwood
Hopkins, Samuel F. Hopkins, Moses Hopkins and each
of them took the said property with full knowledge of
all the acts and doings of said Mark Hopkins as in
said original complaint alleged and with full
knowledge and notice of the trusts upon
which the said Mark Hopkins held the same
as in said original complaint alleged,
and plaintiff avers that said defendants
and each of them now hold the said
property upon the like trusts as the
same was held by said Mark Hopkins.