The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-08
CAMPBELL OFFERS TERMS
His Reply to the Proffers of
Agreement in the Lux
Estate.
FIVE SCHEMES SUBMITTED.
He Is Willing to Have the Property
Divided by Outsiders if
Necessary.

The latest phase of the litigation sur
rounding the old firm of Miller & Lux is
developing into offers of a compromise.
The German heirs of the estate of Miranda
Lux have been suing Henry Miller for an
accounting of the affairs of the firm, and
within the last few weeks repeated offers
to compromise have come from various
sources, particularly from Jesse Potter.
Jesse Potter was at one time executor of
the estate OF Miranda Lux, but some time
ago he vacated that position, and he is
now suing to break the will on the ground
that the testatrix at the time of the ex-
ecution of the document was of unsound
mind.
Though Potter has made offers of COM
promise there has never been any accepta-
BILE plan for an agreement submitted.
Henry Miller, one of the firm, also wished
the matter settled by agreement, if posi-
bic, but no plan has come from him by
which any end of the litigation may be
amicably reached. The suit for an ac-
counting means the settlement of the en-
tire affairs of the firm of Miller 81 Lux,
which were not in very ineligible con-
ditlon, and, as her property consisted
mainly OF her interest in the firm, a settle
ment of the estate of Miranda Lux and
satisfaction of the legacies left under her
will.
J. H. Campbell, attorney for the German
heirs, has now come forward from the
other side and has announced the terms
under which his clients will come to an
agreement. There are five propositions
submitted, and Mr.. Potter is hard to suit
if al least one is not found satisfactory.
His offer OF a compromise, he claimed, was
made in the best of faith, but the German
heirs have forestalled him in the terms
and have offered to Mr.. Miller and to him.
self, for the offer is not limited, all the
terms which seem feasible under the cir
cumstances. Following is Mr.. Campbell
letter to Henry Miller:
SAN JOSE, CAL, December 3, 1895.
Henry Miller Esq.-DEAR SIR: We have al
ready written to you pointing out how incom-
p!ete and Objectionable is the agreement lately
submitted by you. To show how earnest we
are in seeking TO have settlement OF the
affairs of the firm OF Miller & Lux we hereby
offer you all OF the following plans, out OF
which you may take your choice:
But first the profits of the past eight months
and the livestock on the lands lately parti-
toned should be divided at once and the bills
receivable and overdue accounts put into the
hands of collectors OF the various localities for
immediate collection and division. Further
receipts should be divided monthly.
AS TO the realty and the personally naturally
going Herewith, any of these methods OF divi-
sion will be satisfactory to the heirs:
l. Divide said property yourself into two di-
visions and give US the right OF choice.
2. Let the Lux heirs divide the property and
take your choice, or let the choice be deter
mined by chance or by bidding.
3. State an amount which you agree to take
or give for one-half of said property at the OPP
ton of the Lux heirs; 10 per cent within
thirty days; balance in ten equal yearly pay
ments; deferred payments bearing per cent
Interest," compounded.
a. Select commissioner; let the Lux heirs
select second and these third. Let this
board divide the property into two shares and