The herald., 1894-10-25

did all we could to aid her in her dis
tress.
The circumstances leading TO this
Oregon literature make rather long
story. When | Was a boy of 10 or ii
years of age, one Robert Fisher died,
leaving a will in which he disinherited,
for reasons known to himsslf, his daugh-
ter, Margaret j. Neff, and provided that
what property he had should go to her
children, to be distributed to them when
the oldest ahould come OF age. He ap-
pointed three OF the best citizens OF San
Joaquin aB the executors OF this will. A
few years after the execution OF the will
Marcus Neff and Margaret j. NeH with
their children, who had been living on
what was known Rs the Neff donation
land claim, near Portland, Oregon-a
billy, wooded tract of land then OF but
little value--oane to Stockton and took
up their residence with the children.
Old Daddy" Neff. as he was called.
worked in loading teams when he could,
| but having rheumatism was unable to
make sufficient to support his family.
| The court made an allowance, aud out
| OF the chiidren's money tho old folks
| lived for years on the children's place
and in the children's house in Stockton
en- Aurora street. About 1873 the oldest
| girl, Mary. came of age. aud On order
was made for distribution of the prop
erty. My father had for years been the
attorney for the Neffs and attended to the
affairs for the children. 1t was necessary
then that guardian should be ap.
pointed OF the estate OF the two minor
children so that distribution could be
made under the law. R. L. Wilholt
tfu
Others would not accept because of
trouble between M. Ii. Bond. the former
guardian, and Mrs. Neff. AT the sug-
gestion of nv father and the solicitation
OF the Neffs | was appointed guardian of
the estate of the two minor children,
George and Nancy, as | have said.
When l was appointed guardian OF the
estate OF Nancy Netf | was "a years OF
age, and when / was discharged from
the trust was %. l was advising with
the old folks in regard to their Oregon
land claim. The land at Oregon had
been sold under judgment of Mitchell
against Neff to Sylvester Pennoyer OF
the state of Oregon, and upon my ad-
vice Mary Neff and her mother went to
Oregon to look into tho matter. They
consulted various lawyers there. and
finally secured the services OF Judge
Page and Whalley & Fechheimer, able
lawyers OF that state. Proceedings were
instituted against Pennoyer TO set aside
the sale and also for damage to the
property by the cutting of trees.
AN AGREEMENT WITH NEFF.
Neff during this time remained in
Stockton with his children. He subss-
quently went to Oregon. Nancy went to
school and George to work in the Stock
ton Globe foundry. The Neifs were sued
by various parties in Oregon. They got
frightened over their interest there, and
Mary came back to consult with me
about going to Oregon and looking after
their interest. Neff made an agreement
with me before | went to Oregon that, as
he was an illiterate man, | should in
spect ell papers before be signed them,
should keep him advised fully, should
go to Oregon when necessary, as he had
no money. and should have an interest
in the land. Mre. Nef wrote i<om Port
land stating that should have that IN.
terest. did not. as has been stated.
hire q room on Sixth street, or anywhere
else, for Nancy Nsh. She came to San
Francisco in February, 1877. hired a
room on Sixth street, where l visited
her and had everything possible done
for her comfort. She became mother.
Then shs wac found to be ill with the
smallpox and taken to the Twenty-sixth
street hospital. | was tsiegraphed to
by come person that che bad bsen taken
there. and | came from Stockton i'm
mediately. | found 6he was in the gen.
eral ward and made arrangements for
her better care. She died some days
later. l saw her but onca there, ] be-
lieve, before her death. | had nothing
to do with the making OF her will. | did
not desire her property. l had been
like brother to her and 70 her brother
and sister. The will WAS given me by
one of the doctors day or two after her
death. l handed it to Arthur Rodgers,
the we'll known attorney of San Fran
cisco, who caused the same to be pro-
bated. l never procured the execution
OF the will In any manner, nhepe or form.
/ went to Oregon in 1878. because the
Neffs were again in trouble; was COM
PEELED to paw off more of their debts
under the mortgage to George, and at
that time Marcus Nef. George Neff
and Mary, in view Of the inability of
the folks to make a living, deemed it
best that tho property should be decided,
according to former agreement. to me
my share, to Mary and George their
share, subject to life estate to Mrs.
Nef. The deed was executed by Mrs.
Nef, but under the advice OF parson
on the place named Tanner she at
tempted TO destroy the deed the next
day after delivery. The deed, with the
proof OF it's execution, was then recorded,
and subsequently Mrs. Neff came in to
Whalley q Fechhelimer's Office and
voluntarily executed another deed to the
same effect, for the purpose OF remov-
ing sill question ss to the validity OF the
first deed. | stayed at the Nef place,
or they visited ne in town. for some
weeks. later went to Oregon and
again visited them. The year | can
not recall now. About 1883 George
Nef and Mary Nef sold to a contractor
named Wells, then stranger to me,
their interest in the land, and Mrs. Netf
executed to him deed OF her life lease
in their interest in the land and con-
tract that If he could secure deed from
me for my interest that che would cell
to him for given consideration the bal
ance OF her interest in the land. Her
attorney at that time was Judge Wood
ward, who, with his son Charles, both
able and reputable lawyers OF the town,
arrival with my wife at Portland at the
Multnomah block, called and begged me
not to sell my interest to Wells, "a she
desired TO live on the place during the
remainder OF her days. | agreed not to
sell. subsequently, Well9, Whalley,
Fechheiney and Page brought action
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