The San Francisco call., 1895-12-22
lFrom a photograph ]

of her aged cousin, Stephen W. Puripgton,
as his instrument, into making the trust
deed by which he and Drs. Agard and
Pinkerton were to receive $500, 600 of the
big Oakland estate for hospital in that
city, and the Bowdoin College was to get
$400, 600.
He is charged with conceiving and caus-
ing to materialiZe an immense trust
scheme for his own personal benefit, and
at the expense of those who were next OF
kin to DR.. Merritt and Mrs. Garcelon. And
uglier things than this are insinuated in
this memorandum" of over 200 printed
pages.
The value of the Merritt estate was esti-
mated at 81, $50, 900. When Mrs. Garcelon,
who was the one sister of the deceased
doctor, died in 1891, the estate consisted OF
$500,O00 in money and gilt-edged stocks
and $75G, 900 in real estate. The net income
from this has been about $4,000 per an
mum.
Frederick A. Merritt and James P. Mer-
ritt were the sons of Captain Isaac Merritt,
the brother of DR.. Samuel Merritt and Mrs.
Catherine NJ Garcelon. Their aunt had
the fondest affection for them until after
DR.. Merritt's death. Somehow the two
boys got only compromise of $125, 900
worth of the real estate between them, and
as proportionate division of the improved
and unimproved property had been made,
their monthly income was not greater
than $40 sometimes, and at others went
only as high as 5000, so Mr.. Philbrook
says.
Referring to the relationship existing
between their aunt and the two boys, this
is what Attorney Philbrook observes in
the document just placed before the court,
after quoting the evidence of w. w. Foote:
Let US also listen to the voice of nature
'the volume OF which God is the author
Mrs; Garcelon was born and reared in Harps,
well Great Island), Me. There the long cold
winters and rugged climate draw close the
family. and father and mother, brothers and
sister become most dear TO one another. There
were three children in the family, herself and
Samuel and Isaac. OF the three only Isaac had
children-Fred and James. To Mrs. Garcelon
Fred and James, "the boys" were bound by a
threefold tie, each strand one of the most pow
erful that can bind human being. To her, a
woman without offspring, they took the place
of children; and the boys were her brothers
boys" and when children they were with her
in "the old homestead in Maine"
Then he quotes Captain Knowles testi-
mony and that of Judge Israel Lawton,
Mrs. I. w. Taber and Attorney W. W..
Foote to show that if let alone Mrs Gar
celon would have willed half or perhaps
all the estate to them. See Captain
Knowles evidence as quoted:
Q.-Do you remember telling Frederick A.
Merritt in the year 1892, soon after the death
OF MIS- UarCelOn, Jnat II the lawyers haQ let
her alone, he and his brother would have got
half of DR.. Merritt's estate?
A.-No, did not know that l did. think
they would though.
Q.-What is that?
Al think they would though.
Q.-What lawyers do you mean?
A.-When they took them away-kept them
away from Mrs. Garcelon; when he died, she
would have given them half-told me so.
Judge Lawton is alluded to as testifying
that Mrs. Garcelon said the same to him
and the testimony of Mr.. and Mrs. Taber
is given az to Mrs. Garcelon's Intentions.
And from w. w. Foote's evidence the fol-
lowing is quoted:
Q.-Did Judge Stanly ever say anything to
you about the boys getting the whole of that
estate?
A.-The first time I talked to him he was
very friendly. We were talking in pleasant
amicable way about this com promise. He was
advising me to take as little as possible then.
because, eventually, the boys would get it ALL