The morning call., 1894-03-08

On the contrary, the attorneys for the
girls have already expressed their deter
mination to take an appeal from the de-
cisinn to the Supreme Court just as soon
as the necessary documents can be pre-
pared.
The knowledge that the opinion was to
be handed down drew larger crowd into
Alameda Couuty's Superior Court room
than had assembled there for many a day.
1t was quite a noticeable gathering. too.
The ordinary courtroom loungers were
for the nonee greatly in the minority and
in their places were stald men OF business
and dignifed danes.
Shortly after 9o'clock the people began
TO BILE, and long before the hour set
for the opening of the court every avail
able seat and Bit of standing room had
been pre-empted.
The attorneys in the case entered shortly
before 10 O'Clock and the Judge followed
closely upon their heels. He INDUCED in
no preliminaries at all, but Immediately
after the bailiff announced the court open
proceeded with the business on hand.
ANNA L. Wolseley. Daniel L. Murphy
and Samuel j. Murphy versus Mary H.
Murphy. Francis j. Murphy and Others"
the Judge announced. and then he pro-
ceeded to read the decision.
1t proved quite a lengthy document,
covering many pages of legal cap paper,
and considerable time was occupied in
reading it.
II opened with recital Of the Murphy
family's troubles from the date of the
death of Daniel L. Murphy Sr., and con-
tanned thorough review of all the fea-
lures of the case.
In his decision Judge Henshaw holds, as
The CALL yesterday said he would. that
neither OF the wills made by the late
Anna l.. Murphy is legal. and that con-
sequeDtly the estate should be equally
divided among the children. He also re-
Jects The claim sci up by the contestants
that UNDUE Influence was brought to bear
upon Mrs. Murphy in order that she
would bequeath her proper to Fannie
and her younger sisters. The statement
that brother Dan had attempted 10 de-
fraud his mother received similar treat
ment
Touching upon the questions of fraud and
undue influence. the decision reads:
The charges of fraud being unproven that of
undue influence r. SITS upon no mors subsian-
tial ioundai ion. The circumstances of the
making OF the will itself dlseountenanee The
idea OF undue influence. IL was drawn by
Mrs. Murphy wholly by herself, and not in the
immediate presence, so far as known, OF auy
person whatsoever. Two of her daughters
one OF them here charged, were absent from
the house at The time and had been for some
days previous thereto. Ii was certainly TIL
not MADE under any direct pressure brought 10
bear at he time of the testamenIary act She
had but short time before this written TO Mr.
Metcalf upon the subject wishing TO know
whether size could not by way OF testamentary
disposition make deed of her property, and
adding: "But l want IL done privately that
none would know 1t but you and myself"
Nothing in her letters at this time gives evil
dence OF ny Impairment of powers, and she
herself declares IN the viii, and in the letter
accompanying It to Mr.. Metcalf that she is i'm
perfect health and in full possession of all her
faculties.
Certainly the intendmeuts in favor OF a will
thus drawn ale very strong. And II is to be
remembered that whatever requests or plead
fearg nfOhr h.aU Ina d0
or by any OF them, To induce their mother TO
favor them in her will would not serve TO
Vita the instrument unless they amounted TO
undue Influence. Tie reasons which might
naturally have operated in Mrs. Murphy's
mind 10 have caused her 10 frame the will In
question have already been spoken Of and
most POTENT OF these are the reasons which we
know 10 We been in her mind from her
declaration made in an Endorsement u,on the
back of one of the instruments short TIM
al er lis making. As Is said In Goodwin VS..
Goodwin. supr 1.-THE influence must not be
The influence OF affection and attachment it
must not be the mere desire OF gratifying the
wishes OF another, for that would be very
strong ground in support of testamentaIy
act. there must be proof that the act was
obtained by coercion, by importantly. wrich
Ii Is finally concluded upon these matters
that the daughters. Frances and Helen, did nor,
nor did either OF them, practice fraud OF use
undue influence upon their mother to procure
the making or the will here under consideration.
Relative to the two wills submitted, after
thoroughly analyzing each, the decision
declares that:
Neither Of The instruments names executors.
neither one contains any operative terms other
than those discussed, and that there IL a radical
confiic between each aud all OF the Terms OF the
Two Instruments must. IL The Interpretation
given be correct, be at once conceded. To the
three daughters, IL Is true, by each instrument
Is left defeasible fee In one-thid Of the
mothers estate, but did Mrs. Murphy mean
mat The share OF each daughter dying cnildless
mn uslt ar W. 1prr
OF the estate go 10 the children OF Eugene
named only In the event that all three died
chiIdless, as under will b. did she mean that
upon the death OF any one OF the daughters dy-
Ing chlldless the share OF that daughter should