The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-02
MILLER & LUX'S LOANS.
The Executor Shakes Down
His Indebtedness Some
-: f.. Forty Thousand.
THE CASE IS SET FOR TRIAL
iWlIl Be Heard on Its Merits in the
San Mateo Courts Three
-. Weeks Hence.

=. REDWOOD CITY, CAL, Oct. 1.-The
argument upon demurrer to the allega-
tions made in the petition for the removal
of Jesse Potter as executor of the will OF
Charles Lux, which was in a manner
! scheduled for to-day before Judge Buck,
did not take place. Garret McEnerney
came down on the morning train with his
mind and his papers made up not to
demur, but to formally answer the COM
plant. The several battalions of attorneys
for the several interests and phases of
interests active in or merely watching the
: contention had all been advised of this
intention and so they remained away in
large numbers. <*
~ ]. II. Campbell of San Jose, the attorney
who stands to the front in behalf of Henry
Lux of San Jose and all that is or may be
opposed to Jesse Potter, was here. but of
: all the counsel for the petitioning heirs he
was here alone. George @. Ross of this
city, associated with. the counsel for the
respondents, was of course present, as
were those Immediately nterested-Potter
LUX, Miller.
- When court convened Mr.. McEnerney
presented the answer for filing purposes,
aend said the respondent and his attorneys
were ready to go directly forward with the
matter upon its merits at the earliest day
that might be agreed upon-say October Ia.
Mr.. Campbell had a prior engagement for
the 14th and so the suggestion was short
ened up to the 10th. Mr.. Campbell thought
this had its objections also, and named the
: 21st, whlchwas accepted at last and written
down in the books.
So the case will come on for trial three
weeks hence, when the petitioners will be
required to prove all their allegations
that Jesse Potter is incompetent to attend
to such important business as the handling
OF the big interests of the heirs; that he is
an habitual drunkard; that he is a profit
gate and insolvent; that he received sums
of money from Henry Miller amounting to
$4,000, which he spent in riotous living,
an gambling and with lewd women; that
he lacks integrity, and the sums of money
which will come into his hands as executor
of the will of Charles Lux would be in
great danger Of being squandered IN SINH
lar fashion; that he is under the control oil
Henry Miller and would use his office "a
his (Millers) interest rather than to that
of the heirs.
All of these things are specifically denied
in the answer fled by Mr.. McEnerney. And
1t is further denied upon information and
BELIEF that Henry Miller ever claimed the
property of the firm as his own, as was
alleged. 1t is asserted on the contrary that
he admits that he and Charles Lux were
equal partners. 1t is denied further fo1
Potter that he postpones and antagonizes
5the settlement of the estate, or that his
continuing in the employ of Miller is in
fr.rs+h D l,,Ei
The answer alleges that Potter is the
beir-at-Iaw of Miranda w. Lux, who, as
devisee under the will of Charles Lux, is
entitled to one-haf of said estate, and that
he is, as devisee under the will of Miranda
W. Lux, who was his mother, entitled to
the income of the estate during his life.
1t alleges that by the terms of the will Of
Charles Lux there was devised to him pot
teri $25, 900 and a tenth of the residue Of
the estate in trust for Henry Lux and his
children, who are petitioners for his POT.
ter's) removal. 1t denies that he received
from his mother, Miranda W. Lux, or from
Henry Miller, the surviving partner of the
firm of Miller g. Lux, any sum of money
Except the sum of $1O6, Al 35-which was
received by him in various sums and
amounts since March Is. 1887.
But it goes on. to say that Miller also
made loans and advanced to other persons
interested in the estate as follows: Miller
paid to the estate OF Charles Lux out of the
assets OF the partnership the sum of 1884,.
645 II, of which the sum OF $3.50 900 was
paid for the purpose of providing for the
family allowance of Miranda w. Lux, the
widow of the deceased about 1913, 600 tc
pay the fees of J. II. Campbell, the attor-
ney of the German heirs of the estate Who
with others, are petitioners for the re-
spondent's removal; the sum of $32, 900 to
pay on account of a legacy to Miranda w.
Lux; the sum of $19, 200 to pay the allow
ance under the will to Henry Lux, one oil
the petitioners hereto; the sum of S31, SOC
to the children of Henry Lux, petitioners
the sum of $500 to Philip Lux; the sum
of $1,000 to Barbara Lux; the sum of $500
to Dorothea Rohrig; the sum of $5OOOto
George Lux; the sum of $1,000 to f. S. Pott
as agent for the German heirs. .. II T.:
Miller, it is asserted, has also advanced
to certain of the heirs, legatees and de.
visees of the estate various sums of money,
for which he holds their promissory notes,
as follows: Charles Lux, petitioner herein,
and Margaret Lux, children of Henry
Lux @l4iVVo5 LENA D. LUX, daughter. OF
Henry Lux, a petitioner designated as Lena
B. MacBride, $50, 900; Lizzie NJ. Pott, one
of the petitioners ana a daughter of Henry
Lux, $5372 20; Miranda w. Lewis, SIZE, 900
Martha A. w. Cook, $15,0 900, and Miranda
W. Lux, SIS, SOL rs.
These latter are allegations on behalf oil
the respondent outside the allegations OF
the petitioners. The whole ground will
probably be gone over once the case opens
in court on the 21st.