The morning call., 1893-06-20
CLEARING GROUND
The Big Donahue Contest
at San Rafael.
A COMPROMISE SUGGESTED.
Executor Bergin Testifies as to the
Origin of the Testator's Prop
erty-Piles of Papers.

There is prospect of stubborn fight in
the Donahue contest.
The case was continued yesterday at
San Rafael, being the contest set up by
Belle ". Donahue through her attorney
and brother, Ryland B. Wallace, to declare
the property of the late James N. Donahue,
as bequeathed by WILL to be community
property, aud thereby decrease the charit-
able and certain other bequests in the
said will.
a large number of interests are involved
in the suit, and when the court opened at
1880 o'clock there was a go0dlV array of
legal talent in attendance.
Charles F. Hanlon appeared for Executor
Bergin, Hepburn Wilkins as guardian ad
1item of Isabelle Donahue, George w.
Haight for the Protestant Orphan Asylum,
Joseph Hutchinson for the Ladies' Protec-
tive and Relief Society, Garret McEnerny
for executor Peter J. McGlynn and all the
Catholic societies beuefiting under the
will, except the Girls Directory. which
was represented by Charles T. Hanlon,
who also represented the Boys and Girls
Aid Society. OF which Ex-Governor George
Z. Perkins is president.
There was fair attendance of people,
the deceased James NJ. DOnahoe having
had many friends in San Rafael.
The first matter brought up before the
court was an amended answer by Attorney
Charles Hanlon on behalf of the eXecu-
tors, stating that it would be impossible to
proceed with the final distribution of the
property until the final residue can be
ascertained. and which is being estimated
IN the neghborhood of several hundred
thousand dollars. and further that the
court has no jurisdiction in the matter,
and the only course that could be pursued
was to walt until such estimate can be
correctly obtained.
The court then averred that he thought
the first answer of Mr.. Hanlon's covered
those grounds and ordered a proceeding
of the case.
Mr.. Wallace then arose and stated that
several of the charitable institutions had
agreed to a compromise, to take less than
heretofore settled upon, in order not to in
cur the expense or annoyance of litigation.
averring that two-thrds OF the property
was community property and one-third
separate property.
The court stated that he would hear
such matter in order and when it was
properly filed.
On the previous day of the hearing the
widow had been examined and introduced
all her evidence when the question of
guardian al Item was brought up by Ex-
ecutOr Bergin through Attorney Harlon.
The court had continued the matter to
deliberate on the adViSabiity OF the ap-
pointment of guardian. Finally Judge
Angellotti had concluded to do so and ap-
pointed Hepburn Wilkins, a prominent
attorney of San Rafael, to act in that ca
pacity.
Yesterday morning the official stem
ographer read the proceedings OF the first
day and Ryland B. Wallace stated that he
had no further proof to make and rested
his case
Attorney G. W Haight took the lead
Tor contestants aud Executor Bergin was
sworn and examined. remaining on the
stand Tor the remainder of the day. The
contestants had other witnesses ready to
call. but an opportunity for their examina-
ton did not present itself.
Mr. Bergln testified that he had been
the private secretary of the late Mr.. DOna-
hue and also secretary of the five different
old companies which had been consoli-
dated. He had succeeded James NJ, Dona
hue in that capacity, having acted as sec
Ietary in the lifetime of his father, Peter
Donahue.
The witness testified that all the prop
erty belonging TO James NJ. Donahue at
the time OF his death was property ac-
Qulred by his father during his fathers
lifetime and by descent and distribution
from his fathers estate after death.
Peter Donahue at his death left three
helrs-hls son James Mervyn Donahue.
his daughter Mary Ellen Won Schroeder
anu ms WluOW annie D0nahue. James
NJ. DOnahue succeeded TO 40 per cent of mis-
fathers estate, the Baroness Won Schroe-
der to so per cent and Annie Donahue TO
80 per cent.
James NJ DOnahue afterward borrowed
from the Eastern firms of Ladepburp.
ina mann d Co. and J. and w. Seligman
q Co. money with which to purchase the
interest of his sister ana of the widow.
Annie Donahue, SO that all the estate Of
which he died possessed was. he claimed.
the testatOr's separate property, and he so
stated in his will.
Mr.. Bergiu also stated that previous tn
Mr.. DOnahue's death that gentleman had
made ample provision for his widow, hay-
ing decided to her among other things his
Interest IN the Union Foundry block situ-
ated at Fifth and Mission streets In this
city, which yields large income.
The proceedings were continued until
this morning at 0:30 o'clock Mr.. Bergin
was on the stand when court adjourned
his cross-examinatiOn not having com.
manced.
Somewhat of novelty in the proceed
lngs yesterday was the bringing into the
courtroom of large TIN box, about feet
IN length by feet in height, which had
been specially made for the papers of the
case by the Marin County Clerk. This
large easel is necessary, as in the proceed
lngs nearly all the papers have to be re-
1erred to one by one. There have been
filed to date nearly 900 papers in the case,