The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-27

Der of San Francisco, J. H. campbell and
Judge Spencer of San Jose, Edward F.
Fitzpatrick and George C. Ross of Redwood
City-all intent upon the proceedings, all
representing one or the other of a half
dozen interests about to enter upon what
may be or lead to a gigantic contention.
The court had granted preliminary
order suspending the powers OF the execu-
tor and to-day the citation requiring him
to show cause why he should not be per-
manently removed was returnable.
Potter, a big-framed, rather heavy
featured man, was present. Henry Mil
Ter, the surviving member of the firm, the
man who managed the estate, was also
here, together with number of his en-
ployes summoned to testify as to details
Of the vast business.
OF the lawyers J. H, Campbell of San
Jose and D. Nj. Delmas represent Henry
Lux and the German heirs of the de-
ceased, who are petitioning for the re-
moval of Potter; Garret McEnerney, E.
S. Pillsbury of San Francisco and George
c. Ross represented the executor, Potter;
Edward F. Fitzpatrick of Redwood and
Eugene CARRIER represented John Grove,
public administrator. appointed by the
court as special administrator pending the
determination of the proceedings. Judge
Spencer of San Jose represented Mrs.
Miranda w. Lux. There are still other
lawyers representing other interests who
were not present.
Henry Miller was present as a witness in
response to subpoena, as were G. q. Mer-
ritz his cashier; ]. Leroy Nichol, Mr.. Mil
ler's son-in-law and manager of the bust
ness, and David Brown, land clerk.
All these persons were on the alert when
Judge Buck called the case, and Attorney
Campbell rose to read the formal COM
plant, reciting the reasons for asking the
removal, which makes the following
declaration:
Potter is, and for more than five years past
has been, incompetent to act as the executor of
the Lux will, and incompetent to execute the
duties of his trust, by reason of Drunkenness.
That he has been during all the time stated a
habitual drunkard, and is SO unfit to properly
transact ordinary business. and particularly
unfit to transact the difficult and intricate
business of the said estate.
The second charge is that of prohigacy;
that Potter is insolvent, although he has
received money from his mother and from
Henry Miller during the time stated. The
complaint continues:
This aggregates more than 5000 600 all of
which has been expended and squandered by
said Potter in indulgence in intoxicating
liquors, gambling, prohigate living and in
consorting with lewd women. Said Potter, by
reason OF said acts and said improvident and
spendthrift habits, mas become wholly untrust-
worthy, and without credit or financial stand
ing, and all sums OF money which NAV come
10 his hands as such executor. will be in immi-
nent danger OF being squandered, wasted and
misappropriated.
Thenext charge reads as follows:
Potter is incapable to execute the duties of
said trust and to act as executor by reason of
his want OF integrity. In that behalf these
complainants aver that at divers times during
the five years last past said Potter has wrong
fully received and obtained possession of
divers sums of money belonging to others, and
has frauduiently converted the same TO his
own use; that at divers times during the said
period said Potter, while in the service and
employment of said Miller in and about the
business of said partnership, las collected from
the debtors OF said firm divers large sums of
money, TO wit, more than the sum OF $50, 900,
and has frautulently converted the same TO
his own use
The complaint goes on to declare that
Potter is under the influence of Miller, who
has supplied him with money to the
amount of $4,000. Miller, since the death
of his partner, Lux, has refused to liqui-
date or settle the affairs of the estate, and
instead has been claiming that it belongs
to himself, having been accumulated by
his own efforts; that the value of the es-
tate is in excess of $4,000, 000 and the
petitioners are entitled to and desire to
ecure the undivided half interest That
an action is pending against Henry Miller
by Miranda Lux for an accounting, and
that Potter, employed by Miller for that |