The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-12

with the terms of the agreement, and Mrs.
Lux, widow of Charles Lux, began pro-
ceedings in the courts to bring about the
desired adjustment.
Mrs. Lux was a very generous and char
liable lady, whose requests for educational
and philanthropic purposes were large.
Her death and the conditions of her will,
it is said, complicated the affairs of set
Element.
Since her death so many obstacles haye
been interposed to delay final division of
the estate that Henry Lux Ga brother of
Charles Lux, who came out from Ger
many shortly after Charles Lux died, now
comes in and asks that the power granted
TO the executor, Jesse Sheldon Potter, be
revoked. Hearing the petition, the Pro-
bate Court at Redwood City suspended
Potter, and appointed the Public Admin
istrator of San Mateo County, James
Grove special administrator.
1t is claimed by the legatees under Mrs.
Iux's will, ard in effect asserted in the
affidavit made by Henry Lux, that Potter,
the deposed executor, is under the intiu-
ence of Henry Miller, and has neglected to
discharge the trust confided to him.
On the death of Charles Lux, March Is,
1887, one-half his holdings became legally
the separate property of Miranda W. Lux,
his widow, as her share of the community
property. The residue, after certain char
liable requests had been paid, was devised
by will to Henry Lux, his brother, and to
various nephews and nieces known col
lectively as the German heirs. By the will
the management of the estate devolved
nominally upon his widow, upon Henry
Miller, his partner, and upon Jesse Shell
don Potter, his stepson, as executors OF
the will; but, by an agreement between
the partners that the surviving partner
should have seven years to wind up the
affairs of the partnership, the entire man.
agement of the estate fell as a matter of
fact, into the hands of Henry Miller alone.
At one time Miller was cited by the Pro-
bate Court to make an accounting of the
partnership. He fled statement with
balances, but because a Probate Court has
not jurisdiction to settle partnership &C
counting suit in equity for an account
ing of the partnership was brought in 1891.
This was friendly suit brought by agree
ment, and Mrs Lux and Jesse Sheldon
Potter, as executors of the estate, were
plaintiffs, Henry Miller having resigned
as executor because he was the surviving
partner. The suit remained friendly one
till 1893, when an amended complaint was
fled which charged that Miller had at no
time since the death OF Charles Lux at
tempted to wind up the affairs of the part
nership, but had continually extended the
business and increased the firms holdings
with view of preventing such winding up.
This suit is now pending in Judge San
dersons court, and for nearly year testi-
mony has been taken in the matter before
Referee Seth Mann. The attorneys in the
case are J. II. Campbell and D. NJ. Del
mas, representing the German heirs;
Eugene CARRIER and w. F. Herrin. repre-
senting Henry Miller, and CARRIER, Boalt &
Bishop, representing Thomas B. Bishop
and A. n. Lewis, executors of the estate
of Miranda w. Lux.
In the taking of testimony before the
referee it was developed that at the time of
the death of Charles Lux there was in the
partnership q large balance in his favor,
but at the present time there is large
balance in favor Of Miller. There was an
agreement between the partners that a
cash balance in favor of one of the part
ners II left in the business should draw in
terest at Z per cent year, compounded
monthly, and it is claimed that Miller SO
managed the funds OF the partnership that
the cash balance was always in his favor.
The firm owned 1900 acres of land near
Gilroy, and Immediately adjoining this
was Bloomfield farm, part of the Las
Anlmas ranch. 1t contained ii 900 acres,
and was the separate property of Miller,
but portion OF 1t was used by the firm as
an offset for certain Baden real estate
which Lux had put into the business, and
the firms headquarters in that section
were at Bloomfield farm. There was tes-
timony to the effect that up to Lux's death
Miller managed personally the rest of his
Las Animas property. renting it out per-
sonally, but soon after the death of his
partner Miller, as an individual, leased to
Miller as a surviving partner of the firm of
Miller & Lux the whole Las Animas tract.
The rental was fixed at $45, 900 year, paw
able semi-annually, and that rental was
credited on the books as cash and made to
bear the agreed interest of per cent year
compounded monthly.
In addition, it was given in testimony
that many permanent Improvements on