The morning call., 1894-12-23
BY THE VERDICT OF A JURY.
Eleven Heirs Inherit the Money,
Instead of Three.
END OF A LONG, TEDIOUS TRIAL.
Thirty-Seven Days Were Occupied
in the Hearing-The Result
Surprise to Some.


Hendy, the machinist. 1t is decided that
he was not of sound and disposing mind;
that he was unduly Influenced and that
fraud was practiced upon him.
The trial in question occupied thirty
seven long and weary days in the hearing,
and proved extremely dull from start to
finish. 1t all concerned the alleged eccen-
trio actions of an otherwise sound man OF
business who passed away in San Fran
cisco on October q. 1891, leaving behind
him respecta bic little fortune of some
where about 100000. He had a number
of relatives. mostly sons and daughters of
deceased brothers. and he left one brother.
All the heirs expected to divide up the
estate between them.
But when Hendy's papers came to be ex-
amined will was found, bearing date
May 81, 1888, with codicil attached which
bore as the date of its execution July 80 of
the same year. By this will Joshua Hendy
bequeathed almost his entire fortune to
two nephews. Samuel j. and John A.
Hendy, and a niece, Mrs. Mary Frances
McGurn. to the exclusion of seven other
nephews and nieces who might be pre-
suIned 10 have equal claims. To his sur
viviDg brother. Samuel Hendy, the testator
bequeathed an allowance during lifetime
of $40 month.
Naturally there was a contest over this
somewhat peculiar will. The disappon ted
nephews and nieces dubbed together, as
sisted by Hendy's brother. who was also
dissatisfied with the provision allotted 10
him. Counsel were engaged, Charles
Wheeler of the firm of CARRIER, Boalt,
Bishop & Wheeler. and Guy Earl for the
contestants and a petition was filed de-
manding revocation OF the probate of the
will.
Three charges were made in their pc
titiOn respecting will and codicil. 1t was
charged that Joshua Hendy was not of
sound and disposing mind when ne exc
cuted his will; that he was unduly infu-
enced by the three successful bene1ciaries,
and that fraud had been practiced upon
him by these people. The same charges
were made respecting the codicil attached
to the will.
The proponents OF the will were repre-
scented by Attorney-G General w. 81. 81. Hart.
General w. ii. l.. Barnes and Ayett r.
Cotton. The charges made by the contes-
tants were almost ridicued by these gen.
tlemen as absurd, but jury has not been
of the same opinion. The trial was long
and tedious. Very little interesting devel-
opments were made, and In order to ac-
commodate Attornev-General Hart, whose
presence was desired in Washington.
Judge Coffey and his jury sat at nights for
some three weeks.
Testimony was introduced to show that
Hendy was insane. and his various habits
and eccentricities were made the most of
by counsel for the contestants. On the
other hand, the proponents of the will
produced much testimony to show that
Joshua Hendy was an EXCEPTIONAL clear
headed man, despite the fact that he
could not write correctly by any possible
chance. But it was urged that he was a
thorough business man, and the fact of his
leaving behind him a snug fortune of half
a million dollars was instanced in support
of that contention.
This week. to the relief of court ana
jury, the big. dull trial came to an end.
Brilliant arguments were made by coun-
sci for their respective interests In the
case. The summing up of General Barnes
on behalf of the will drew so many people
to the courtroom on Friday afternoon that
seats could not be found for them. 1t
was one of the generals best efforts, and
was full OF mingled wit, sarcasm and
statement of fact.
Attorney Wheeler made the closing argu- |
ment for the contestants. The young at |
torney had mastered his subject and spoke |
with great force. He was dramatic at |
times. but not more perhaps than was
necessary, and he closed his case at noon |
yesterday with the consciousness of hay-
ing done his duty.
Judge Coffey charged the jury at P. M. |
and gave them the three issues to decide. |
both as to will and codicl, that were |
specified in the contestants petition, The |
jury retired and in less than an hour re- |
turned with verdict to the effect that |
Joshua Hendy, when he made his will. |
was not of sound and disposing mi nd; |
that he was unduly influenced thereto by |
Samuel j. and John II. Hendy and Mrs. |
McGurn. and that he was the victim of |
fraud practiced upon him by those parties. |
The same was found respecting the cod- |
Gil.
The verdict was staggerer to the pro- |
pouents. General Barnes found his voice |
after awhile and had the jury polled. They |
stood 9 to 8. a bare verdict. Then Attor- |
ney Wheeler moved to have judgment re- |
CUIutu NJ UDCo duu blo cA6CutOTS removed |
from office. General Barnes resented this, |
claiming that he was entitled to stay of |
execution, 10 give him time to move for |
new trial. A legal discussion followed, |
which was put over until tomorrow (Mon- |
day. for further argument.
Should the verdict stand. eleven heirs |
will enjoy portion of HendY's money. One
quarter of the estate will go to Samuel
Hendy, the brother; one-quarter to the |
children of the testator's deceased brother,
William; one-quarter to the children of /
another brother, George; aud another quar-
ter 10 the children Of John Nj. Hendy.
By this means S. j. and John FL. Hendy |
and Mrs. MeGurn. in place of receiving
S150,000 apiece, as under the will, will get |
about 1913, 900 each; bnt Samuel Hendy, |
Joshua's brother, will be raised from $40 a |
month 10 fortune of $4,000. more or
less.