The morning call., 1893-11-29
LEGAL PICKERING.
1t Is at an End in the
Walkerley Case.
The Life and Annuity Association
Closes Its Doors-SettIed Without
Divorce-Executor Blamed.

OAKLAND.-Legal pickering over the
estate of William Walkerlsy. deceased,
has finally reached an end. Findings in
this famous contest were filed with the
County Clerk yesterday. The order OF the
court is that the property be distributed
to the trustees-Martin Bacon, Frank Bar
ker and William Hawkes..
The trust declared in the will is void,
and so. in year or two. the heirs will
come in possession and receive the full
sum allowed in the testament. In the
findings it is set forth that Attorney
Arthur Rodgers received $1,000 for repre-
senting the child and widow up to Octo-
Der, 1891. This amount was duly paid
under the order of Judge Greene. Attor-
ney Fred E. Whitney received a total Of
$3.50 for his legal services in the case.
Judge Greene allowed him S6350 UP to
August 6, 1892. for representing absent
heirs. Since that time be has appeared in
the case upon order of the court in behalf
of three absent heirs. For this service he
was paid $500. The case will be appealed
to the Supreme Court by Mrs Walkerley
Burbank.
Closed Its Doors.
The Life and Annuity Association,
which has been doing business in Oakland
for number of years, has closed its doors.
The corporation ceased TO do business
upon decree of Judge Ogden. who yeSter-
day sealed its fate and perpetually en-
Joined it from doing any further business.
Following is the Judges decree; 1T is
ordered, adiu0ged and decreed that said
corporation be and 1t is hereby restrained
and perpetually enjoined from doing any
further business"
The failure is the direct result of suit
brought by w. E. Brooks. who holds
matured coupon for 5000. Brooks is the
man who went to the bottom OF things
and wound up the association.
Under an application to the court, upon
representation that the assets of the aSso-
citation were being squandered, George
Burbeck has been appointed receiver.
Shareholders aliege that the property
has been allowed to depreciate throngn
lack of attention, ana that several suits are
now against the company, so many, in
fact. that the Office fixtures are liable to be
seized for rent, and that the taxes upon
certain mortgages amounting TO $500. de-
posted with the State Treasurer as guar
anty under the law, were liable to become
delinquent.
In view of the large number OF suits
against the corporation the directors will
be obliged TO show cause why the assets
should not be disposed of to satisfy the
claims of creditors.
The failure has caused a good deal of
talk among the business men, and 1t is ex-
pected there will be some surprising de-
tails before the affairs of the corporation
are settled.
Love of Ynre.
Two married couples who have been the
victims of family strife are now as loving
as ever and have withdrawn all the bad
things they said about one another.
Madge Crimmlns hated her husband so
much that she took shot at him, and as
she missed him commenced suit for
divorce. After a few months trial she
has come 20 the conclusion that living
alone is not what it is said 10 be. She
therefore made up her mind to COM
promise and withdraw her charges against
her husband, j. &. Crimmins, who has
signlfied his willingness TO forgive and
forget"
The other case is that of Dorothy Nc
Avoy and John McAvoy. They once
hated each other bitterly and Dorothy said
many bad things about John when she
filed her complaint and asked for divorce.
But now things are smOothed out and the
charges have been smissed The couple
Judges assistance and things are as they
used TO be.
without Jury.
a lad of u years named Carl Christie
pherson was before Judge Ellsworth yes
terday morning explaining how the lower
portion of his left leg was missing He
was passenger on the Berkeley train one
day, and as he was alighting be says the
train started and he was thrown to the
ground and his foot went under the
wheels, where 1t was crushed to pulp.
Amputati0n was necessary, and for the
loss OF the limb the boys guardian asks
$4,000 damages. 1t is asserted that the
accident was due to the negligence of the
railroad employees. When the case was
90 cd hat Ind llex
both sides waived a jury and the trial pro-
ceeded. Attorney j. c. Martin appeared
for the railroad and Attorneys Fry, Hol-
man and Sawyer for the prosecution.
Witness Can't Be Found.
A young man named Cooney has been
arrested on a charge of stealing gold
watch. an heirloom, belonging to Mrs.
Bird OF New York, and recently In the
possession of Ida Manning at 1865 Taylor
street. COoDey is one of the executors of
the Manning estate, and is at present
under $4,000 bonds for the faithful dis
charge of his duties. Although six or
eight witnesses identified CoOney as the
man seen about the Manning residence the
night of the larceny, they have now all fled
and cannot be found.
Samuel Reeds Estate.
The will of Samuel Reed was present ted
for probate yesterday by William j. Reed.
The estate consists OF an undivided inter-
est in the Oakland Lumber Company
valued at 900 and personal effects at
$500. The will gives the widow the house
hold effects. $1,000. or she may elect to take
half the community property. Preston
Reed, brother. is given $1,000. and Lind
lev Reed of Boune, Iowa, ano Their brother,
$780, The residue is given TO Mrs. Mary
Reed. mother, ard Jane A. Reed, sister OF
the deceased. of Ord, Nebr.
Denying the Charges.
The Southern Pacific Company yester-
day fled an answer 10 the complaint
brought by the guardian of the three chill
dren of Gilbert Larson, who was killed
while changing cars on his way to West
Berkeley. The complaint asks for $50. 900
damages. The answer alleges that Lar
son came to his death through his own
negligence and asks that the complaint be
set aside.
His Examination Set.
Billy the PAGER was arraigned in the Po-
lice Court yesterday and his examination
SET for December IA next. Billy was
helped out of tile patrol wagon into the
courtroom, nd showed signs of his Ion &
con finement and sickness in a very pale
face and sunken eyes. He will not be in
perfect health for long time.
Henshaw Says Pay.