The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-09
A POINT FOR PLAINTIFF.
The Judge Allows the Intro
duCtion of Important
Evidence
HALF A MILLION INVOLVED
Claim of the Administrative Based
on the Existence of Part
nership.

SAN JOSE, CAL, July S.-The suit OF
Susan Clarke, administrative of the estate
of John w. Kirk, deceased, against The
ophilus and Socrates Kirk for an account
ing in the estate of John W. Kirk came up
for trial before Judge Reynolds this morn
ing. The suit is attracting great deal OF
attention, as it involves property valued
at about $500. OO0 The complaint alleges a
copartnership of John Kirk, deceased,
with Theophilus and Socrates Kirk, and
pravs for an accounting and settlement.
John w. Kirk came to California in
1s49, and few years later was followed by
his two brothers, Theophilus and Socrates.
The complaint alleges that the three
brothers went into business as equal part
ners, buying and improving lands, raising
and selling cattle, etc. A few years later
they purchased 40 acres of land in the
Willows. near San Jose from Asa Vestal.
This land is now bearing orchard worth
$1,000 an acre.
1t is charged that the deceased brother
was a one-third owner in the land. The
original 40 acres of land in the Willows
has been added to, and now includes 500
acres. 1t is alleged the additional lands
were purchased with profits accruing from
the original 40 acres, and that it should be
considered part of the deceased's estate.
John W. Kirk owned $40 acres in SoIano
County in his own right, and it is alleged
that the two brothers have appropriated
this land to their own use. 1t is also
- claimed that John w. Kirk, deceased, had
a one-third interest in all lands, stock,
tools, ETC., owned at that time by the
brothers; that this partnership existed at
the time OF the death of John Kirk on
October 10, 1865 and that at his death the
two brothers took possession of the entire
estate and have had and still have posses
sion of it all, there never having been any
accountingEor administration, and that no
proceedings were ever had in any probate
or other court. 1t is alleged that it was
but recently that the facts were discovered,
hence the reason why steps were not taken
before.
When this condition of affairs was dis.
covered Susan Clarke, a sister of the de.
ceased, applied for letters of administra.
ton. Judge Reynolds granted her petition
on May 49, 1898, and her bond was fixed at
100000. She filed her bond on July &c,
1893, and letters of administration were
duly issued The complaint in the suit
was filed in June, 1894.
In their answer the defendants denied
that John w. Kirk was ever in partnership
with them and that he died in 1851 instead
of 1866. They acknowledged that the land
was decided to the three of them, but claim
that John W. Kirk never paid anything on
his share and that in 1861 they purchased
his interest for $1,000.
It is also alleged that at the time of his
death the deceased owed a great many
bills, which the defendants have paid.
When the case was called this morning
the attorneys for the defendant objected to
the admission of the probate record show
ing the appointment of plaintiff as admin
istrator of the deceased's estate, and also
to placing the deed from Asa Vestal to the
three brothers in evidence. Judge Rey-
mods overruled these objections, and after
the reading of the deposition of Socrates
Kirk the case was continued until to-
morrow.
Pr. Gosbey and Delmas & Shortridge
appear for the plaintiff and f. E. Spencer
and Kittridge & Kraft for defendants.