The morning call., 1892-02-26
MILLIONS AT STAKE.
DR.. Nerritt's Wealth the Matter
Of Contention.
Bowdoin College and Mrs. Garcelon's Bene-
fciaries Sue to Quiet Title-An Inter-
esting Inside History.

A dead mans millions are often his
promise of Immortality, for then his blood
relations, relations by marriage and would
be relations have the succeeding years TO
contest his will, if he be so indiscreet as to
leave one. This sort OF fame may not be
complimentary to the deceased but it lasts
as long as money, lawyers and the delays of
courts can make if, and they all seem to
Conspire III an eternal procrastination.
DIR. Samuel Merritt. one oil Oakland's
millionaires, is the latest one TO have his
last will and testament, by which he eX-
pected TO distribute his estate according to
bis desires. made the matter of a contest
The complaint, or bill in eqni;y, was filed
yesterday in the United States Circuit Court,
ard 1t Is large enough to fill two full pages
of this paper
The way in which the estate has been
portioned eff, how two of DR.. MerritPs
nepEews tried for more than the doctor de-
sired, subsequent compromise, deed of
conveyance by which the Bowdoln College
in Maine and the Samuel Merritt Hospital
in Oakland profited. another death and a
second effort by Dr. MerrtPs nephews to
secure posse Ssion of the estate are fully set
forth IN the bill, and are for the first time
made public property in their entire details.
PARTIES IN THE CASE.
The complaint is by the President and
Trustees Of BOwdOin College and others,
benehclarles under trust deed made by the
late Catherine NJ. Garcelon, bearing date of
April 81, 1891, and John A. Stanly and
stephen w. PurlDgtOn. The defendants
named are James =. Merritt. Frederick A.
Merritt, nephews OF DR.. Merritt, Thomas
FARTHER and William E. Dargie and, as
trustees under the deed, John A. Stanly
ana Stephen PuringtOn.
DR.. Merritt died on August IL, 1890, pos
sessed IN real estate and personal property
Of wealth amounting far into the millions.
Ills Will was found to beqpeath most Of his
property to his sister, Catherine NJ. Garce-
Ion, but to two of his nephews, :he James
L. and Frederick a. Merritt named, he lett
a few thousands each. The two Merritts
thereupon announced it their intention to
contest the viii ana retained w. w. FGote
rs counsel, and he, acting as their attorney,
effected a compromise with Mrs. GarcelOn
which went into effect November IA. 1890
BY this compromise the two Merrltts re-
celyed betW cen that dat date aud the Goth
Of the following February $4,000 in
money, and 10 }. X. Knowles, their trus-
tee, was paid for their use $3.50, and there
was real estate valued at S36S. $50 conveyed
over 20 them. By this compromise the
MeCritts waived all claim to the entire bal
ance OF DR.. Merritt's estate.
MRS. GARCELoN's DEED.
Mrs. Garceon Oh April 81 executed TO
Puringtou and Sanly a deed Of conveyance
and assignment Of real estate ana personal
property 10 the value Of 81, 200, eco, and.
according 10 the declaration OF trust, after
the payment by the trustees Of S2ll, 800 to
individual henefciaries, the trustees were
directed, after the conversion OF the estate
into money or Understanding securities,
to divide the residue of the trust property
into two unequal parts of siX-tenths and
fouT-tenths each and to pay 10 the Presi-
dent and trustees of the BOwdoin College
tile four-tenths part, the six-tenths to be
paid 10 a. II. Ag ,rd, DR.. Thomas ii.
PiukeTtUn ana John A. Stanly as trustees
Of the Samuel Merritt Hospital
The story Of this transaction would end at
this point in all probability had not Mrs.
Garcelon died on December 29. leaving
James y. Merritt and Fred Merritt heirs
at-law Of her estate. They entered into
contract, it Is alleged in the bill, with
Prather and DaTge, giving them power of
attorney TO dispute the legality OF the dis
position OF the property by Mrs. Gareelon.
swAYING PUBLIC FEELING.
AS the bill says that the defendants used
certain newspapers TO prejudice the case,
on the ground that BOWdlOn College Is IN
Maine, not California, and that the estate
should 60 TO the MerrittS, il is presumed
that the compliments think that Dargle has
been using his paper, the Oakland Evening
Tribune, 10 sway public feeling III the mat
ter. Anyhow that paper has been full OF
the contest for months.
The BONdion College Trustees bene-
bciares. under the trust deed, tried TO have
Stanly and Purington, trustees under the
deed bring suit against the two MeTrlttS 10
quiet title, but as they refused they were
made defendants in the bill fled yesterday.
The complainants ask that the defendants
be cited 20 show the grounds upon which
they question the validity OF any OF the deeds
referred 20 ID the bill: also TO show why
they question the trust deed executed by
Mrs. GarcelOn on April p, 1891; also the
grounds upon which they claim title 10 the
property and to set forth tile nature and eX-
tent OF their claim; also that the title OF
Stanly and Purington as trustees be estab-
lished, and 10 eHioin the Merrllts from ques-
tioning aud disputing the validity OF the
trust deed and rights OF benehciarles under
said deed
NON RESIDENT CoAPLAINANTs.
The compliments live in Maine, New
York, Minnesota, Illinois, Massachusetts,
Colorado Washington and California, aud
are 10y name as follows:
The President and trustees OF BowdOin Col
iege i corporation; Nathaniel q. GarcelOD, NJ.
Jefferson Garcelon, Oetavia u. Gareeon, Alice
NJ. Gsrcelon, May Dunbar. Hannah Farr.
Charles l. GaTCelOn. Mary {. Gilman, Joanna
+. Gould, Sarah I. Haley, Rose }. Swain. Susan
PurlngtOu. May Haley, May ]. Dalton, Lillian
PurlugiOn, Nathaniel burlington. William Purne-
Ion, Augustus Brown, Ella Blown, Kate ~.
Lunt, Albert Otis Helen OtlS, Alice OIls, Carrie
Ous Albion {. Merritt. Charles A. Merritt,
Catherine q" Noyes James W. Cone John Alex
ander, Mariana NOVEL; tmiSSpeied GOwelD,
Haley Alexander Franklin Alexander, Alice
DYER OTIS, Isabella S. Haskell William Haskell
Ruth PuIiHgton, May Smith, Minnie Smith,
Catherine Smith. Helen Smith, CHARLES saith,
Samuel ~. Smith. Harriet Small. Stephen Pur-
ipglon, Caroline PuIingtOg, Woodbury. uringt0n,
Henry :. Merritt Alice smith, Mrs. Charles FuT-
ingtOu. Ralph Purmgton and RanadO Purington,
suing IN behalf OF themselves and OF All other
bsnelciaTes OF The trust deed made and executed
by The late Catherine NJ. GareelOn 10 John a.
SIanly and stephen W. burlington.
April is the date set for the defendants
to answer and $1,000 is the penalty named
for failure 10 appear.