The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-10
LOST IN THE SHUFFL|NG,
It's a Mystery Yet How Widow
Anderson Lost Her En-
tire Estate.
DISAPPEARED IN THE COURTS
Public Administrator FreeSe Is Try
ing to Trace a House
and Lot.

1t is maxim OF the law that there is no
wrong for which there is not legal right.
Mrs. Christiana Anderson of 1Ol Twentieth
street, corner of Hampshire, widow with
three children, aged respectively 16, 13 and
10 years, is of the opinion that in her en-
deavors to obtain her legal rights great
deal of wrong has been done her.
She has made complaint to Public Adj
ministrator Freese and requested him to
assist her to come into possession of prop
erty which was left to her by the will of
her husband.
r. +. Mogan, who IS acting for J. D. Sui
livan, the Public Administrator attorney
has made an investigation. 1t appears
that in 1892 John Martin Anderson, who
kept clearinghouse and saloon at 81
Clay street, died, and after the funeral it
was ascertained that he had made will in
which he nominated DR.. Francis Steven
Cook of 712 O'Farrell street, who had at
tended him in his last illness, as executor
of the will without bonds. Anderson de-
vised to his widow all his real and personal
property excepting $15, which he divided
among three children. Shortly after the
will was opened DR.. Cook, through his at
torneys, King, Rossi & Belyea, applied for
letters, which were issued to him, and with
the application was filed an inventory of
the property left by Anderson. The aggre-
gate had been originally fixed at $5975, but
these figures were erased and $9975 was
written over them.
On the 10th of May, 1892, L. L. Nelson,
7. J. Flanagan and III. NJ. Levy, APP
pointed at SIS a day each to appraise the
real estate, filed a report in which they
gave it as their opinion that the realty and
improvements were worth $4,000 On the
Both of June, 1894, the property was re-
appraised at $500.
In the meantime the executor received
and allowed bills, including $1,000 to the
Hibernia Bank to satisfy a mortgage it
held on the property, $1lo to William w.
Kerr, Md, "for eleven consultations with
DR.. Cook" during Anderson's last illness,
S25 to an agent whose name is not given,
to dispose of certain property at private
sale for which he obtained $65-a rather
high commissioned other bills amount
ing in the aggregate 20 $170 SO.
The records on file are an evidence of
the careless manner in which papers may
be filed in courts. What is indorsed
final account of Francis S. Cook, execu-
tor" was filed several months before the
executor was authorized by law to file
such document. This shows that when
the executor entered upon the discharge
of his duties he received SOS in cash, sold
personal property for 500, making total
of $165 received, and that he allowed bills
to the amount of $3.50 SO and demanded
fees for services as executor and attorneys
fees. These two charges are in the shape
of one set of figures written over another.
The amount opposite the executors name
was originally $500, then $275 was written
over it and on top of that $500 is written in
pencil. The charge for attorneys fees was
H. h,,& @l..N@-
ten In pencil $215. The court record, how
ever, fails to show that this account was
allowed.
"Now it appears" said Attorney Mo-
gan, THAT a petition was filed asking for
permission to sell the real estate and that
it was granted. AT the time the order was
made by Judge Slack, before whom the
matter was pending, he told the executor,
DR.. Cook, to be sure that he received the
money before he signed any paper or deed.
On the oath of September, 1894, the admin
so the record shows sold the prop
erty to RoseaDugan.a friend of John J. COT
fey, attorney for Mrs. Anderson, for $500.
On the 18th of February following Judge
Slack confirmed the sale. After Rose Du-
gan obtained the deed she went to the
bank, Cancelled the $4,000 mortgage and
took new one for $500, receiving the
$500 in the transaction. Mrs. Anderson
declares that she never received dollar
out of the estate and that she has repeated
Iy made demand on the executor for an
accounting but could get no satisfas-
ton. l called on DR.. Cook and he
me that he did not
sell the property to Rose Dugan
and did not receive any money for it. He
said that it was necessary TO raise money,
but as an executor cannot raise money it
was agreed that the property should pass
to Rose Dugan, who would raise $500 and
then redeed the property to Mrs. Anderson,
but up to this time no such transaction
has taken place. What the Public Admin
istrator wants to know is what has become
erty. If it was not sale he wants to know
why the property was not redeeded to Mrs.
Anderson.
1.-The bank people, having heard of this
matter have commenced suit in the
Superior Court to foreclose the mortgage,
and they make Rose Dugan, judah Boas
and four others, designated by fictitious
names, as defendants. In this matter moth
ing bevond filing demurrer on behalf of
Rose Dugan has been done.
Another matter has bobbed up during
the investigation, and that is that Mrs.
Anderson had Judgment rendered against
her some time ago for $1,000 on a promis-
sorry note, which she declares she never
executed. She says she never signed
note for $1,000 and never received any such
OF money. believe that we will
recover the real estate for Mrs. Anderson,
but there is that $1,000 Judgment which
will bother us, as it will be lien against
the property when it reverts to her. We
will also try to ascertain who it was that
worked this matter so as to get the $1,000
Judgment against the woman.
eve tried to see Mr.. King, Dr. Cooks
attorney, but he was out of town.
lflI Io%% 1l1I 81.
in the matter, but that he lacked the pru-
duce that good business man ought to |
have. I hope that in a few days this mat |
ter will all be Strengthened out and that |
Mrs. Anderson and her children will be
dealt fairly BY"
The facts remain that the property has |
been sold, that the widow has not re- |
naiyad apv p1opay for n +bat tho 1