The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-23
BATTLING FOR MILLIONS.
The Scandals in the Merritt
Contest.
SOME SERIOUS CHARGES.
Suit to Set Aside tbs Will Of Mrs. Garee-
Ion and Gain the Millions
Left by Her.

The estate of the late DR.. Merritt of Oak
iand is the bone of contention over which
those interested are preparing for bitter
strife.
Wnen the good doctor died he left his
millions to his aged and widowed sister Mrs
Catherine Nj. Garcelon.
In his will he provided but meagerlv for
his two nephews, James P. and FREDERICK
C.. Merritt
They determined to contest the will on
various counts.
John A. Stanly and Stephen NJ. Puring-
ton. upon whom Mrs. Garcelon relied for
guidance and advice, succeeded in effecting
a compromise with the nephews.
1t was stipulated that upon receiving a
certain amount. for which purpose property
sufficient to pay it was placed in trust with
Stanly and Puringtou. the nephews would
never again make any claim upon the es-
tale.
|. In consideration OF the stipulated annuity
they waived all their rights and signed
qu1tclaim deed.
This was all very well until Mrs. Garce-
Ion died.
1t was then discovered that on April q,
1891, she had executed a deed of trust of all
her property to John A. Stany and Pur-
ington.
By it she conveyed all her estate, amount
ing to S1,200,00c, to the trustees so created.
After her death they were to convey
100000 10 the Bowdoin College, Maine, and
100000 was set aside to found hospital
in Oakland.
The balance Of S25O,OO0 or thereabouts
was to be distributed among certain rela-
tiyes and friends as mentioned in the deed
of trust
After Mrs. Gareelon's death her will
was found TO contain the deed of trust.
The Merritt brothers then began agitating
the question Of fighting the will.
just at this momentous period DR..
Brown appeared on the scene. He claimed
TO represent the "Bowdoin College people"
and offered to compromise with the Merritt
brothers.
Fred Merritt was the first one approached
and according to his statements DIR. Brown
offered him $4,000 in settlement OF his
claim against the estate.
Merritt states that DIR. Brown induced
him to sign Qultclam deed under false
representations
Mr. Brown informed him that his brother
had signed a similar deed and was only too
glad to do so.
Upon this showing Fred Merritt claims he
signed release Of all hisJdemands upon the
trust created by Mrs. Garceon.
D. L. Merritt the other brother, was then
approached by DR.. Brown, who, singularly
enough, offered him $4,000 in full payment
j. L. Merritt was somewhat wary Of the
proposition and he declined 70 entertain it.
Dr. Brown was persistent and informed
him what his brother Fred had done. j. Z.
was not 10 be moved, however, so DR..
Brown took another course.
He ingratiated himself into favor with NJ
T. Dusenbury of Oakland, who is j. p.
Merritps father-n-law.
He. according to Dusenbury's statements,
offered to pay $1,000 land even more" if
Dusenbury could induce j. p. Merritt, his
son-in-law, to sign waiver of all his rights
in consideration of $4,000
Bnt the father-n-law was uDimpeacha-
BILE and he refused to do Browns bidding.
While the Merritt brothers were prepar-
ing for their contest they were met by a
peculiar move on the part OF those benefited
by the trust.
A bill in equity to quiet tie title to GER
tain real estate was filed in the Circuit
Court. 1t was entitled The President and
Trustees Of Bowdoln College and t0rty-nine
others VS.. j. +. Merritt ct al" including
among the defendants Stanly and Pur-
ington
Horace W. Philbrook. the attorney for
the Merritt it, brothers regards the suit in
He states that the bill in equity AYERS that
the complainants were unable to obtain the
consent Of Stanly and Purington to the
action.
Detectives have been employed in the case
to look out for the Merritts' interests.
I'VE have found them useful, too" quoth
Mr.. Philbrook, with an animated smile.
why, we had witness who informed US
that when Mrs. Garcel0n made that deed of
trust to Stanly and burlington she was
mentally unsound-weak, mentally and
physically, and general wreck.
I'VE have common ced suit in Oakland to
set aside the will of Mrs. Garcelon, and in
few days We will bring another action on
behalf Of Frederick Merritt to set aside the
deed he made to DR.. Brown, ON the ground
it was obtained by fraud and misrepresen-
tatiOn"