The morning call., 1894-05-10
THEY MAY FIGHT.
The Murphy Family Again
Up in Arms.
This Time Eugene Did It-He Left
Almost Nothing to His Widow
She Can Write Letters.

The will of Eugene Kelly Murphy. de-
ceased, was yesterday deposited with the
County Clerk for safe keeping by Victor
ii. Metcalf, who originally drew mp the
document. and. with Edward A. Ayres Of
151 East Thirty-fourth street, New York
City. witnessed the signature.
At the same time that the will was sur
rendered by Mr.. Mstcalf, a document was
filed by him setting forth in the following
language his reason for declining the ex-
ecutorship as offered in the will:
OAKLAND. CAL. May 8, 1894.
To the Honorable the Superior Court dr and
for the County Of alameda, State of California
L. Victor q. Mecalf. being the custodian of
the will Of Eugene X. Murphy, resident of
the city OF London. England, late deceased, and
who has left property IN the county OF AlSme-
da State Of California, do herewith file the said
Will with the clerk of the above entitled Su-
perior Court, and inasmuch as under the pro-
visions of said will, l am designated as an
executor and trustee, with Daniel L. Murphy
as co-executor and trustee; and inasmuch as
by reason OF my relation 10 ihe estate OF Anna
l.. Murphy, deceased. l am placed In that posi-
tion which renders it indellcate, and, as be-
lieve, aisqualtes me to act as executor and
trustee under the will do hereby renUunce
all claim 10 act as such. aud decline and refuse
TO act as executor or trustee under the said
Will. do this for the reason above stated and
for none other, and with the full belief and un-
derstanding that the said will Is good, sub
sistng and valid will OF the said Eugene X.
i'' '"'' ''''A''0' VICTOR ii. MErcALF.
The will itself was drawn up in New
York City. and there signed by Eugene K.
Murphy on March 81, 1891. In the oren-
ing section the teslator gives his age as 80.
and describes himself as resident of
London. temporarily residing IN New
York City. He also states that his prop
erty Is separate, and was received Dy MIN
from his fathers estate.
Victor Fl. Metcalf and the testator's
brother. Daniel T. Murphy. are named as
| the executors, to act without bonds.
The entire estate, barring few personal
| effects, Is left to the executors in trust for
the three children Of the testator-Eugene
| Besson Murphy, Marie Mabel Murphy
| and Charles Murphy.
| All of the property IS put Ia the exec
ut0rs' hands, to be managed and con-
| trolled as may seem wisest 10 them. They
are directed on the 9th of each January
to present an account Of their truseeshlp
TO the Superior Court, which shall settle
and allow such accounts The action OF
the court must be considered as fnalin the
matter.
The executors are Instructed TO pay out
for the children's expenses yearly such
sums as may be deemed necessary for the
maintenance Of the children until the
youngest shall have attained the age OF 25
years. Then they are to inherit the prop
erty share and share alike.
In the event of any of the children dying
before the youngest is % years of age the
share Of that one shall be equally divided
between the other two. unless the child dy
ing shall leave lawful issue. In that event
his or her share will go to his or her
children.
The singular part Of the will. and the
part that in all likelihood will involve the
estate in long litigation. is the widows
bequest. This consists solely of personal
effects, such as clothing, jewelry and the
like, household furniture of every charac-
ter. including family plate, horses and
carriages.
In his explanation OF his apparent dis
crimination against his wife, the testator
had inserted as section OF ais will the
following:
make no provision for my dear wife. for the