The morning call., 1893-05-25

Eugene Kelly Murphy, share and share alike.
/ make no devise or bequest to my three
sons. Eugene Kelly Murphy, Daniel T. Murphy
and Samuel j. Murphy, as they have ample
means Of their own. and they, being men. are
better able to take care of themselves, nor do
make any bequest 10 my eldest daughter, Lady
Wolseley. as she is married and has ample
means of her own.
i hereby nominate Mr.. (here insert name)
executor and my daughter there insert name)
executrix OF this my last Will and testament,
and direct that they give bonds [words "no
bonds be required of them" struck OUT or
either of them, for the faithful performance OF
their duties as executor and eXecufrix.
Lastly, hereby expressly revoke all former
Wills by me made.
Written entirely with my own hand this -
day of -, 1890, at ! 2 Charles street, Berkeley
square, London, England.
ANNA L. MURPHY.
Counsel for the contestants asked wilt
ness for a copy of his letter IN reply to
Miss Fannie's note about making a will,
and dated March 20, 1889. At that time
Fannie's thoughts wandered toward the
future and its legal aspects. so she wrote
as follows to her adviser, Metealf:
March 20. 1889.
Please do not mention my name but l do
think IL would be wise for my mother to make
her Will. Suppose you sent over one or two
wills, so as TO show pretty we'll how they ought
30 be done legally, and then it would give us an
idea how TO make ours. The simpler they are
the better. Is il not so? Mine is very simple.
The majority would leave to my mother and
sisters, and some charities and one or two lega-
cies. Are there any technicalities belonging to
real estate in California? Can you make a
deed of ones things instead Of WILL and keep
1t private till ones death?
To her letter the following answer was
given:
An Geographic will, that Is, a will ltliat is en-.
tirely in your own handwriting without any
printed ma Ter whatever, dated and signed by
yourself. will be valid in this Stale without any
Witnesses whatever.
If you Will give me some idea as to what dis
position you desire 10 make of your property in
the event of your death 1 will prepare draft
aud forward to you for your Inspection. II will
be necessary for you TO mention the amount OF
the bequests or legacies that you desire to
make and then you could leave the residue of
your property, after payment of the legacies
and bequests. 10 your mother. You can make
a deed of your real property. but 1t would not
be valid unless delivery was made OF the deed
in your lifetime to the grantees.
l think 1t would be prudent for you all to
make your wills. There Is no telling what
may happen and if at any time you saw fit to
change them you could do so.
"Do you know that Mrs. Murphy in
tended to disinherit her son DAMP" con-
tinued Wheeler.
'NO; not until / saw her will"
What did Mrs. Murphy say when she
told you she did not want her son Dan to
be her administrator
''She said she wished to have me as her
administrator. but on no account would
she be satisfied with her sons in that
capacity"
Did either of the young ladies make o
similar statement at that timer"
''She may have said So"
Here again Wheeler impressed the court
that his line of investigation at present is
mainly to get possession of all letters bear
ing upon Mrs. Murphy's will, and more
particularly those written by Mrs. Anna
L. Murphy, deceased" in which she makes
mention of any desire to make testament
tary disposition of her property.
Foote objected for the defense by turn
ing grim jake on his legal opponent.
Mrs. Anna l.. Murphy. decea sed," he
remarked, with broad grin, "cannOt write
letters. SO Mr.. Metcalf can't produce any,"
Inc request however, was granted by
Judge Henshaw.
The latter part of the afternoon was
given over to eliciting dry details of man
agement of the Murphy estate from Met
calf, and defining his position with regard
TO the ladies and their mother. In this
connection Metcalf mildly surprised his
hearers by testifyng that Miss May Helen
had never written 10 him about her moth
er's will prior to Mrs. Murphy's death.
But the contestants. I'M legal tangle about
admitting certain evidence. gave it out
that Miss Frances motive for writing Met
calf for information about ber own will
was really that the girls might get infor-
nation that would enable them to direct
their mother in drawing up will which
would give them all they wanted.
The Judge repeated this. but there was
nothing so far introduced to sustain 1t, and
the court adjourned in wrangle over
tecbnicalities