Nov 26 1898 SF Call

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WILL OF THE LATE JAMES T. MURPHY TO BE ATTACKED Only Daughter of the San Jose Capitalist Will Institute a Suit to Break the \ Last Testament. Declare* His Nephews and Nieces Inflisenced Him While He Was Weak From Drink — Great Legal Battle Will Result. SAN JOSE. Nov. 25.— There promises , to be a lively contest* over the $250,000 estate of the late Jatmes T. Murphy, who died in this city several weeks ago. Nearly a score of heirs »ill be involved. This legal battle will bte instituted by Mrs. WlUielmina Chapman, the only daughter of the deceased. Back of her Is her mother. Mrs. Wilhelmina Murphy, who ma divorced some years ago. and who smiles approvingly upon her daughter's determination. Other parties interested are sixteen cousins, among whom will be divided one-half of the estate. Miss Bertha Smalley, a pretty young woman of 30, who lived with Murphy for the past few years. Rlso threatens to contest the will. Murphy's death had barely been announced announced when trouble commenced. He mad? his home at the Lajnolle House. He had been drinking heavily for several several duvs and this and heart disease were tho cause of his sudden death. With him through, his sickness was Bertha Smalley. ! When the -id came Mrs. Wilhelmina j Murphy went to his rooms to see what funeral arrangements had been made. She asked about his effects, particularly particularly his gold watcb rjid chain. Miss j Smalley had these and at first refused to give them up. She finally gave them to a servant to give to Mrs. Murphy. At this juncture Mrs. M. A. Carroll, j Murphy's sister, appeajed and objected to the former Mrs. Murphy* beta* present present as the chief mourner. Mrs. Wilhelmina Wilhelmina Murphy and her daughter assert that Mrs. Carroll assumed a. dictatorship dictatorship and even objected to them attending attending the funeral, and instead of being among the immediate mourners they i were only allowed to occupy th ■ twenty-second twenty-second carriage in the cortege-, ana this through strategy. At the church they were kept in the background, and the daughter was not even permitted to gaze on her dead father's face. It was rumored around that the will of the deceased gave half of the property property to the nieces and nephews. A lew days ago Mrs. Wilhelmina Chapman went to W. Gill, who was the attorney for her father, and asked to see the will The lawyer first denied having it. but finally showed it to her. By it Mrs. Chapman is given one-half of the property property and the other half is divided between between the following nieces and neph• neph• ws - Mrs. Ward Wright. Misses Elizabeth Elizabeth Evaline, Daisy and Elena, and Martin and Patrick Murphy, children of m Murphy; Mollie. Mattie, Martin fnd W miani Taaffe: Mrs. W. R Whittier Whittier Gertrude and -Jack" Carroll; Mrs. ; j>- >ra-"^ and dementi Argues. This aroused the daughter and she then and there told Attorney Gill these cousin* would get none of her father s "Sirs." Wilhelmina Murphy and her daughter and son-in-law, D. J. Chapman Chapman -re seen in their pretty home at 130 North Fifth street this evening. They talked readily of the case and E h owed there would be a battle royal i: ■Yes, I will contest my father's will," Yea I will contest my father s will, Bald Mrs. Chapman, and then her mother cautioned her about talking too freely. propose to let those people "I "don't propose to let those people enjoy what rightfully belongs to me if there is any way of getting it in law. They influenced my father when he was weak from drink, and that is how he came to make such a will. If he had left it to charities I would not have objected." . Mrs. .Chapman said that although her marriage had been somewhat in the .nature of elopement her father thought a great deal of her. Only a few days before his death he had told her he intended intended to go into the real estate and insurance business and proposed taking taking D. J. Chapman, her husband, in ■ partnership with him. \, Mrs. Murphy interrupted her daughter daughter frequently. She said her relations •with Murphy since their separation had been amiable, and Murphy frequently called at the house. She is very bitter against Mrs. Carroll and the brothers and sisters of her former husband. She eaid they were arrayed against her and had Influenced Murphy. She denied she was interested in the contest. Mrs. Murphy had expected nothing under the will as she was amply provided for. She said a diamond stud and other jewelry jewelry belonging to Murphy were missing. Miss Smalley went to San Francisco just after his death, and. it is said, she could probably throw some light on the whereabouts' of these things and other personal effects of the decedent. Mrs Murphy knew nothing about any deed's to property having been given to the Smalley woman. "Jimmie" Murphy was the youngest son of the late Martin Murphy, a •wealthy old pioneer, and at his father's death inherited one-sixth of the vast Murphy estate. At this time his share •was worth about $1,000,000. He was rather sporty and drank heavily. His father left a large share of the wealth in trust for him until he became 45 years of age. A year ago he came into possession of this. The deceased was ■ married to Mrs. Wilhelmina Murphy twenty-five years ago. Drunkenness and neglect caused her to seek a divorce, divorce, and in August. 1886. she obtained a separation. Mrs. Murphy got a portion portion of the property and was well provided provided for. besides bein<" given $200 per month alimon- during her life. Eleven hundred acres of the Mllpitas ranch, Talued at about $110,000, has been levied upon to secure this sum. His estate now is estimated to be worth $250,000 and is in good shape. Murphy was born in this county forty-six forty-six years ago. He was a member of the first Board of Bank Commissioners and also held responsible positions, in the banks here. daughter, Pearl Voss. Mrs. Lauterbeek ■ claims to be the child of a former mar- I riage of Mr. Voss. and avers that her came was omitted from the will by an oversight. The pre sent Mrs. Voss, In answer to I the suit, makes the counter claim that the plaintiffs allegations are untrue; tnat she is not the daughter of Voss, and that her true name is Shoeman. Mrs. Lauterbeck alleges that Mrs. Voss made a false inventory, omitting from the list of property of deceased property valued at $5000. Mrs. Vcss claims this as her separate uroperty, which sht acquired with mon^y earned while working as a servant-girl. The plaintiff has a romantic story. While a very young girl she had a RUito.r named Clancy. Mr. Voss opposed opposed Clancy's suit, principally, on account account of his mother, who, he believed, i was conspiring to get hold of the ■ property that would revert to Lizzie as I the only child. Clancy and Lizzie ran away, and under an assumed name they were married. From Clancy the girl was soon divorced, and she has since married twice. Mrs. Weiss, who has known the Voss 1 family since childhood, was on the j witness-stand to-day on behalf of the ■ : plaintiff. She said that the first time j she ever saw the plaintiff the then Mrs. \ ! Voss introduced the girl as "My (■daughter Lizzie." She was certain that i Lizzie was her natural daughter, for J she had often heard the first Mrs. Voss tell of her birth. The fact that Lizzie ■was the legitimate child of Voss was ! apparently clearly established by this witness. About $20,000 'worth of property is : involved in the suit, which is being | tried in the Superior Court. MARY FIELD HONORED. Elected as the Daughter of the Phi Delta Theta Fraternity. COLUMBUS. Nov. 25.— At to-day's session session of the Phi Delta Theta convention Dr. J. Edward Brown of Columbus was ■ unanimously elected president, but de- ! clined and nominated J. Clark Moore of i Philadelphia, who was chosen. The other | officers were selected as follows: Secretary, Secretary, Frank D. Swope. Louisville. Ky.; ; treasurer. H. H. Ward, Cleveland; re- ; porter, Hugh Mille, Indianapolis; histo- ■ rian. Dr. McClung Radcliffe. Philadelphia: Philadelphia: trustees, R. 11. Switzler. Kansas 1 City; Emmett Tompklns and Dr. J. A. ■ Brown, Columbus; M. A. Steams, Cleve- ! land. Mips Mary French Field, daughter of the late Eugene Field, appeared before the convention by invitation and read from her father's works. Mr. Field was a member of the fraternity. At the conclusion conclusion of the reading Miss Field was elected .ate the dnusMer ■' the organiza- ! tion, wlich honor she acepted In these! ■words: •'I hope to be a good daughter to the j fraternity an<l a good sister to you all." j NEVADA'S VOTE COMPLETE. Ballots Cas 1 Soldiers May Elect Repu .: ii Governor. CARSON CITY, Nov. 25.— AH the State ! returns are in. Every candidate on the Silver ticket wa.- elected except Cutting for Superintended of Public Instruction. • and, possibly, Sad er for Governor. The j majorities or plural ties follow Newlands, ; Congress, 2GSS; Sadler, Governor, 24; Judge, i Lieutenant Governo;. 465; Howell, Secre- j tary of State, llftO; 1 avis. Controller. 429; \ Ryan, Treasurer, 131 ; Kelly, Surveyor! General. 1076; Jones, Attorney General, C 62; Maute, State Printer, 491; Ring, Super- ! intendent of Public Inst-uction, 119S; Deal, I Regent, 895; Sterrett, Recent (short term.), ! 1029. The vote -of the First Nevada Cavalry arrived to-day from Honolin-i and was de- !>osited under seal in the Ktate Capitol building. It will be turned n-er to the Board of Canvassers. The »roop con- i i tamed Sii members and the vote ah.« taken ' at sea, as the ship palled from S;in Fran- j clsco on the Saturday prior to the election. I It is a matter of dispute among lawyers as to whether the vote should be can\issed. It can only affect the vote on th? <.)vcr- norship, Sadler (Silver) having bu 24 ! votes over McMillan (Republican). CRASHES UPON THE ROCKS. Schooner Santa Barbara Wrecked oi Geronimo Island. SAN DIEGO. Nov. &— News was re- ; ceived here this morning that the schoon- I cr Santa Barbara was wrecked on Tues• Tues• day last on Geronimo Island, thirty-five miles south of San Quentin. The schooner I was caught in a severe gale and carried lon the rocks, and. while all on board ■ were saved, it Is understood that all the i provisions were damaged by the salt ' water. When the storm abated the hole ! stove in the vessel's side was patched up ; and the schooner returned to San Quen- tin. From there the party Is returning > overland to Ensenada and will arrive here I on the next trip of the St. Denis. The Santa Barbara left San Pedro on November 17 for Seammon's Lagoon and Magtfalena Bay, stopping at this port on the way south, with C. Nagel and party, who was to examine the orchard and : mineral lands lately purchased by an i English syndicate from the Hale estate ! in San Francisco. DAWSONITES^DEFRAUDED. - — ; ' Serious Charge Against the Mining City's Postmaster. VANCOUVER, Nov. 25.— According to ; advices received from the north to-day, j the high-handed methods of the Post- \ master at Dawson City have brought him ; into trouble. He is accused of having o.n\- : lected 25 cents each on 14,ix>0 letters, cred(ting cred(ting the Government wltn only 3 cents on j each missive. Residents of Dawson have i long complained that they have been '■ forced to "grease the palms" of the post- I office employes before they could even get ' a distribution of their mail, and the man■ man■ agement of the office has been reprehen- i sible from the start. AGED WOMAN'S AWFUL FATE. ■ Nonagenarian Falls Into c. Fireplace

Clipped from The San Francisco Call26 Nov 1898, SatPage 3

The San Francisco Call (San Francisco, California)26 Nov 1898, SatPage 3
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