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LAW OFFICES <br />BRYCE H. NEFF <br />June 23, 1975 <br />Mr. Lyle L. Lopus <br />Assistant City Attorney <br />City of San Leandro <br />835 East 14th Street <br />San Leandro, California 94577 <br />SUITE 508 TERRY BUILDING <br />18345 VENTURA BOULEVARD <br />TARZANA, CALIFORNIA 91356 <br />AREA CODE 213 <br />345-5650 <br />dill A11UK'4"'� OFFIGE <br />jUN 2 5 1975 <br />CITY DF sAN LEANDRo <br />Re: Estate of Gertrude H. Dusevoir <br />Dear Mr. Lopus: <br />Enclosed is a photocopy of the typed out text of the <br />Will of Gertrude H. Dusevoir. This Will, as it is <br />presented, was admitted to probate in Alameda County <br />on June 6, 1975. <br />In the first paragraph,.Mrs. Dusevoir makes a devise <br />of certain real property to the -City of San Leandro for <br />use as a public library and/or tennis courts, and for <br />no other purpose or use. Pursuant to our phone con- <br />versation of this morning, I am assuming two things: <br />That the City of San Leandro is empowered to accept this <br />gift subject to the condition that it be used for either <br />a public library or a tennis court. I have the feeling <br />from our discussion that utilization as atemiscourt is <br />the only reasonable and acceptable set of circumstances <br />under which the City of San Leandro would act. <br />1. There is no question but that Mrs. Dusevoir was in <br />a position to make this gift. <br />2. I don't feel there is any question but what the City <br />of San Leandro can accept subject to the condition that <br />it be used for a tennis court. <br />3. As far as a time limitation which might be imposed <br />on the City to act in compliance with the condition, <br />i.e. construction of a tennis court, in my brief research <br />