The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-26
ISABELLA BUTCHERS SUIT
AFTER MANY YEARS ABSENCE
SHE SECURES HALF HER
FATHERS ESTATE.
OPPOSING ATTORNEYS CLAIMED
THAT SHE WAS Nor
LEGAL HEIR.

The suit of Isabella Butcher against
Anne Mackin as executrix of the estate OF
Bridget Wilkinson for the recovery of an
estate valued at $4,000 settled by Judge
Hebbard a few days ago was one of the
most remarkable of its kind ever held in
the San Francisco courts.
A strange story, involving a seven-year-
old girl who left home with friends of her
father over thirty years ago and was not
again seen by him during his life, although
he searched the country for years, is one
of the peculiar condolences which were
brought to light.
Thomas Wilkinson, who is the father OF
the plaintiff, for number of years lived
at Iowa Hill, in this State, and in 1852 was
married TO widow, who had a daughter,
now Sister Vibiana, in convent in this
City.
Sister Vibiana for over twenty years was
next in authority to Sister Superior Fred
erica at Virginia City, New, and was
thought to be one of the most beautiful
women on the coast at that time.
BY his wife Wilkinson had child, which
he named Isabella, but when this child
was years OF age her mothsr died. Will
kinson brought the children to this City
and placed them in a convent, which
stood at that time near the spot on which
the Palace Hotel is now located.
In 1882 Wilkinson married Miss Macken
and took his own child, Isabella, from the
convent, intending that she should have a
mothers care.
to the child, and she was sent to some
friends for the purpose of letting them
rear her. but they left tho country a short
time after with the child, and thorough
search failed to reveal their whereabouts.
At the age Of Is years Isabella married
q Mr.. Butcher, and after her evsnttul
life failed to remember either her father or
vent.
Wilkinson died in 1887. and prior to his
death he caused deed Of gift to be made,
giving his property on Golden Gate avenue
in this City to his wife, but placing the
condition on the gift that when she felt
that death was about TO claim her she
would make a deed to the property in
could be found, and if not, the property
was to be decided to Malcolm Thomson, q
tried friend of the family.
A short time prior to her death, which
occurred in 1892, Mrs. Wilkinson, tired OF
the search for her stepdaughter and made
a will in favor of Thomson, conveying the
property in trust for Isabella, but after
voked that will and made one in favor OF
her relatives.
Sister Vibiana then advertised for her
sister through the columns of San Fran
cisco papers, and a copy of one of the
papers reached Isabella at Windsor, So
nom2 County, where she was residing.
Mrs. Butcher i'm mediately came to this
City, and with the assistance of Sister
Vibiana located Thomson, but as she had
no money she experienced some difficulty
In finding an attorney who would take the
case without cash fee.
Attorney James A. Stephens finally took
the case, and proceedings were commenced
before Judge Hebbsrd July IA, 1895.
The case Of the plaintiff was contested
on the ground that she was not the daugh-
ter of Thomas Wilkinson, and consldera-
BILE difficulty was experienced in obtaining
witnesses who could establish her identity
but this was finally overcome after much
trouble and expense.
After Judge Hebbard had decided that
she was the daughter of Wilkinson be
You'd a doubt the defendants attorney
protested that the contest was made on
the proposition that the deed was not
deed OF trust but an absolute deed, and
that the parole evidence could not be ad
mitted to prove that O deed which was alb.
solute on its face was in reality deed OF
trust.
The case was tried October 10, and the
court decided that the deed was one o.
trust and the property community prop.
erty, consequently the daughter was emit
tied to one-half of the property and the
wife to the other half.
A decree was entered in accordance with
these findings.
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