The morning call., 1894-09-28
MONEY FOR THE ORPHANS
His Granddaughter Receives z
Nice Legacy.
THE BUSINESS NOT DISTURBED.
The Executors Are to Serve With
out Bonds and Are Given Much
Liberty of Action.

Ihe last will and testament of the late
Martin Heller has been opened and read
ID the presence of his family, immediate
relatives and business partners. The doc
ument has not yet been flied for probate,
but will be presented in two or three DAYS,
1t Is lengthy document drawn up in reg
uar form and is witnessed bv John A.
Carroll and E. S. Heller, November H..
1891.
After a clause reVoking all former Wills
made by him, the testator first of all be-
queaths the sum of $1,000 to the Pacific
Hebrew Orphan Asylum.
10 his granddaughter, Babette Heller
Newman, daughter of Juda Newman, he
gives the sum of 5000, which is to be in
vested by her father aud held in trust until
she becomes of age, whereupon that sum
and It's accumulation shall be made over to
her.
All the rest and residue of the property
of whatever nature. real and personal.
shall he equally divided among his six
children, Caroline Newman, wife of Juda
Newman; Sarah Baehman, wife of Leo
pold Bachman; Emanuel Nj. Heller, Moses
Heller. Clara Ehrman, wife of Joseph
Enrman, and Sigmund Heller.
In the event of the death of any of such
children, the share bequeathed shall 60 to
their issue per stripes, and if they leave no
issue, then to be divided among all the
other children, equally.
The testat0r further directs that his in
terest in the business carried on in the
firm name of NJ. Heller & Sons. in which
he and his two sons, Emanuel NJ. Heller
and MOSpS n pllar boIl ho
ascertained by apprasement and deter
mined al once, or as SOON as possible after
his death, and that then all his interest in
said business shall remain in the business
and be managed and controlled by his sur
viving partners and executors for three
years from the date of his death, aud that
there shall be no distribution of his inter-
est IN said business for the period of time
specified. And further, that while his in
terest remains in the business for said
period of three years. his trustees and
executors shall be charged interest at the
rate of per cent per annum upon his iu-
terest in the firms business, and espe-
cially directs that no greater per cent of
interest shall be charged, and that they
shall not be charged, with any profits upon
his interest in the business, but such
profits shall belong TO the surviving part
ners. The goodwill of the business shall
net be taken or appraised as one of its as
sets, bat is bequeathed Internationally to
the surviving partners.
1t provides further, that if the surviving
partners shall desire they may distribute
according to the terms Of the will any pOT-
ton or the whole of his interest in the
business, in such amounts and at such
times before the expiration of the period
of three years as they may see fit; pro-
vided further, however, that the requests
made to Babette Heller Newman and the
Pacific Hebrew Orphan Asylum shall be
Immediately payable upon his death.
His sons, Emanuel NJ. Heller and Moses
Heller, and his son-in-law, Juda Newman,
are made executors without bonds and are
authorized to receive distribution of his
estate from the courts having jurisdiction
thereof. And further, that said executors
may sell, barter, petition or set off or dis
pose of, subject to the will, any part of his
estate at either public or private sale
without notice or order of court.
The exact value of the estate is rot
known as yet, nor can it be ascertained
until after an appraisement has been
made, but a careful estimate places it at
S2500O0. E. S. Heller, a nephew Of the
deceased, is at ornev for the estate.