The morning call., 1893-06-06
DAN WAS WILLING
Young Murphy Ready to
Compromise.
THEY WOULDN'T MEET HIM.
The Rather Slow Progress of the
Great Will Contest in
Oakland.

Miss Fanny Murphy. who has been quite
i'll since the contest for her mothers es-
tate began in Oakland, was in court yes
terday, with her sisters Nellie and Isa-
bella. Though pale and exhausted, she
was alert at every question of the counsel.
and appeared to grasp the situation with
every thought. Her keen eye glistened as
she reached nervously across the table
and offered emphatic suggestions to her
attorney.
Nellie was passive. All she did was TO
look pretty. and that required no partcu-
lar effort. but the contrast between these
sisters was never more definitely marked.
The ruling mind was Fanny's. Issy
takes the child's part, allowing her sisters
to act for her. and. as usual. she merely
toyed with her walking-cane for amuse-
ment.
Dan was called to testify again, after
spending three days on the stand. but, de-
spite the conflicting questions, he adhered
to his original story.
Did You personally or through your at
torneys suggest to your mother that she
should make will giving share and share
alike to her children?" Attorney Wheeler
asked.
Never"
w nat 40 you huOW WAS tHc Ndluc vi
the Market-street property when the set
tlement was made on your mother?"
The answer was stopped by an objection
from the defense.
I'VE propose to show that although Miss
Mary Helen said that Dan was irving to
do his mother out of her rights he was ex-
ceedingly liberal and offered to give his
mother all she asked for. Instead of
cheating her out of her rights he saw tn at
she got the full value of her share. The
Market-street roperty, known as the Muir
ply building, was valued by him at
$3.50, ,O0O."
Notwithstanding the attorneys plea. the
question was stricken out as Irrelevant to
the subject.
Then why did you put valuation of
$780, 600 on the Murphy-Grant property.
which is less than the property Is worth ?''
"Oh. replied the witness wearily,"I was
tired of disputes and wanted to have set
Element at once"
Cross-examined by Mr.. Foote he was
estate settled up.
Because I was tired of fighting" was
the reply.
'Bnt there was no fighting up to that
time"
"Oh, yes, there was trouble and I had
not spoken to my mother for some time. |
wished TO have everything amicably ar
ranged SO that we would all be friendly
again"
Did you ever have any conversation
with your mother as to how she should
leave her property ?'
mo, L never did.
with your sisters?
II said she should have her rights, that
whom would she leave her property to un-
less her children"
Dan could not recoilect what answer his
sisters made to this remark
Then Attorney Wheeler asked for let
ter which Dan wrote to hts sister Nelly
two weeks sgo last Sunday.
I'VE won't give it up" exclaimed Mr..
Foote. defantly.
Mr. Wheeler remarked in tone half
ooastful. half contemptful: "This letter
was an offer of compromise, in which
Dan stated he would waive all claims on
the estate provided his sisters would share
equally with Lady Wolseley, the eldest
sister in England"
The letter was written the day that the
Murphy family letters and secrets were
hrst published In this city. Dams action
was inspired by bis love for his sisters and
dread of further exposures.
MIR. Wheeler asked for wills alleged to
have been executed by the defendants
while in London. Mr.. Foote objected, but
on second thoughts turned to his fair
client, Miss Nellie, with the query if her
will was Geographic.
Nellie smiled and the faintest little sug-
gestlon of wrinkle came across her fore
head. She shook her head In despair at
the question. Finally Mr.. Metcalf ad-
mitted that the will was witnessed by Sir
Charles Russell, the attorney for the
young ladies in England
Mr. Wheeler's scheme was to show a
similarity between the will of Mrs. Muir
ply and those of her daughters, ali O,
which were drawn up about the same
time.
He wonld argue that this similarity is
indica tive of collusion or undue Influence
with regard to the disputed document.
In concluding he said that an unwit
messed will is invalid under the laws of
England. and as Mrs. Murphy was in Lon
don when she made her will an attempt
may be made to break it on that ground.