The morning call., 1894-05-10

reason that she is endowed with ample fortune
of her own, and l know that 1t Is her desire
and wish that should dispose OF my estate In
the manner set forth In this my last Will and
testament.
Now that Mr.. Metcalf has formally sur
rendered the will to the County Clerk, the
latter becomes the legal custodian of the
document until such time as it shall be
offered for probate.
That trouble is sure to follow upon any
attempt to carry out the provisions OF the
will is shown by the spirit in which Mrs.
Murphy has set herself against it.
The County Clerk here is in receipt of a
telegram from the lady protesting agains;
the filing of the document and announcing
her intention of fighting the will.
The widow has also evidenced her ability
TO rank with the Murphy family as a
spicy letter-writer in the following COM
munication which she sent Attorney Me +
calf on the ID inst:
PHILADELPHIA. May 2, 1894.
Victor II. Hetcdf EsQ.-DEAR SIR: | have
your letter of April 23. 1894 inclosng the al
legged will OF Eugene, my husband. AS soon as
1 fully realized the enormily OF the injustice
set forth In the document wired you my pro-
test.
The fact that you should lend yourself as a
party to a paper of this character astonlshes
me beyond measure. [ cannot see how your
professional character can be sustained Il you
persist in acting in the capacity this all( Led
will nominates; with you the author OF the
document, part legatee aud witness OF sigma
lures.
Had Eugene been IN sound mind when this
alleged will was signed the law would not sus-
tain 10. AS the matter stands the documentary
evidence that he was mentally incompetent at
The time of signing is so volumnOus that after
a review OF the same with intention OF quoting
you some l concluded to defer IL until any con-
tradiction on your part should make II neces,
sary. Then / can produce such an array OF
written evidence from all his relatives aud all
who knew him that will give me what is legally
my right
as provided for In this aleged will IL was very
considerate to try to bequeath to me that which
was already my own.
All the family plate was given me by my
father Eugene never had enough money 10
purchase more than few pieces OF electro
plated ware. All the linen was given me by
mother. and most OF the few pieces OF furniture
we purchased was bought with my money as
we'll as his. His jewelry. most of which gave
him. redeemed out OF Australian pawnshops
by paying SEQ out of my own purse. His horses
and carriages were only on hire, and had to
save every penny TO pay the hire.
He never provided me with home. Our in
comes were the same for many years, and my
father had to be appealed to many times to
and to pay house rent, doctors bills, etc., as
well as the lot In the cemetery where he will be
buried. When the personal effects were stored
in London he swore to my father and myse II
they were stored in my name. l paid the stor-
age even after he failed 10 contribute any of his
income 10 the support of the children and my.
self, and never discovered that he had deceived
me until eDdeavored to recover trunk for a
former servant. HI has not contributed cent
for the support OF his children or myself for
over three and half years.
He has failed to respond to my Overtures for
his proper treatment and nursing, with daily
opportunities OF seeing his children and myself.
l am the only person who shall say what is the
proper amount for the maintenance and educa-
tion OF my children, and after obtaining my
portion allowed by law I Will also have full
control over their Incomes.
Nothing proves so plainly his unsoundness Of
mind as his failure to provide for me, anc say
ing: 81 make no provision for my dear wife
for the reason that she Is endowed with an am-
pie fortune OF her own, and | know that IL Is
her desire and wish that should dispose OF my
estate in the manner set forth In this my last
will and testament" Which was quite untrue,
as he knew my own means were not ample. No
doubt my father would have made them so bad
he known the despicaDle manner IN which
gene very often. ''ihat all he had was settled on
Marie" my father thought that what he left me
would be sufficient.
But putting aside his well.known disea Sc OF
sane man would stand as a Will In any court OF
Stat where a statute of law provides for the
Widows portion.
In order that there may be no miscarriage of
Justice ! file my protest and claim the protec-
tion Of the Probate Court of San Francisco at
once. Yours truly, MARIE B. MURPHY.
Daniel L. Murphy was in Oakland last
night and remained closely closetrd with
mis- attorneys. Hall and Earl. for the greater
part of the evening. just what his course
will be cannot be certainly stated. but it Is
not probable that he will be deferred from
asking for probate or the will through any
threats on the part of his sister-in-law.