The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-09
SAMUEL SIMON'S
HEIRS CRY FRAUD.
THE EXECUTORS CHARGED WITH
FEATHERING THEIR OWN
NESTS.
A GREAT ESTATE VANISHES
APPRAISED AT LESS THAN IT'S AS
sEssED VALUE AND BOUGHT BY
THE ACCUSED.

One of the biggest land suits that was
ever filed in this State is now under the
hand of w. S. Barnes, the local District
Attorney. If prosecuted to successful
conclusion several commercial heads that
heretofore have been high will be lowered
to the dust
The suit involves land in Kern, Tulare,
Fresno, MERGED, Mariposa and Santa Cruz
counties, and large amount of city prop
erty in the heart of the county seat,
Tulare. The allegations of the complaint,
if established will prove a system of fraud
which was as bold as it was ingenious, and
as nearly successful as was possible. The
suit involves the estate of Samuel Simon,
who died March 3, 1885.
1t was supposed that Simon left an estate
OF great value, principally in lands, situated
in many of the counties of the State.
Under his will, beyond few legacies of
comparatively little importance, the prop
ertY was bequeathed to his widow and his
step son, jefferson Martin. The executors
were his brothers, S. |. and Ephraim Simon,
and they appointed as appraisers Adolph
Zirker and James Manasse. Zirker was q
relative of the Simons and Manasse was an
employee of the firm of Simon d Jacobs, of
which Samuel Simon was senior mem Der.
claim of each legatee was paid In cash, al
though the bulk of the testatOrs estate
had been composed of real estate. The
executors had turned everything into cash.
The estate distributed was worth about
Sill, COO.
Some time after the death of Samuel ST.
mon his stepson, Jefferson Martin, mar
ried. Jefferson died few months after
the union and to his widow posthumous
child, Jeffreys Martin, was born. The
child and the widow were made legatees of
his estate, which consisted of his legacy
from his stepfather.
Soon after Jefferson Martins death his
mother, Mrs. Simon, died, leaving all her
property, consisting of her interest in her
late husbands estate, to Mrs. Martin, her
sons widow, and to his child. This made
Mrs. Julia Martin and her daughter JEFF
freys the direct legatees of old Samuel ST.
mon. Their estate amounted to about
SIS, 000
In the meantime Adolph Simon, brother
of Samuel Simon, and legatee under his
will, had become insane, and guardian
had been appointed for him and for his es-
tate The guardian found that notWith-
standing his substantial claim upon his
brothers. estate, Adolph Simon had not
enough property to pay his expenses at
the asylum, and being surprised at this he
investigated. 1t was then that the facts
upon which the big complaints are based
were discovered.
According to the complaint Adolph
Simon's guardian found that Samuel
Simon's estate had been appraised at nearly
500, 900 less than the assessed value of the
property, and the assessed valuation, as is
always the case, was far below the actual
value. He found land in Fresno County
which according to the complaint was as
sessed at $4,000 and appraised at 1921 %.
More land in the same county, assessed at
IN i IA !
In Tulare County in one instance assessed
at $4,000 was appraised at $3201 40; in an
other instance piece worth $4,000 was
valued at $5240. In each instance it was
was only the interest of the deceased which
had been assessed aed appraised. He
found, too, as the complaint states, that
the executors of Samuel Simon's will had
bought in every bit of the testator's inter
est in all the lands and the price paid was
according to the appraisers figures.
Before his guardians investigations were
completed Adolph Simon died. and his
widow then brought suit in the Fresno
courts to set aside the purchase of the ex-
ecutors of land in that county, on the
ground of fraud. Mr.. Barnes suit is an
intervention in this case.
Barnes suit is brought in the interests
of Mrs. Jefferson Martin and her daughter,
iJeffreys Martin, who, as was explained,
are practically the only legatees of Samuel
10.
complaint it is charged that the executors
procured fraudulent appraisements, and
then, upon the basis of these appraise-
ments, fraudulently purchased all the real
property of the testator for something like
$20O,000 less than its assessed valuation.
The entire estate is assessed at $500, 900,
which it is claimed is, as is usual with as
sessed valuations, 60 per cent less than its
market value. The appraisers valued it at
SILL 900, and the allegation is made that
the heirs of Samuel Simon have been
defrauded of the difference between Sill
600 and about $425, 600.
Samuel Simon was well known in this
city as real-estate man and dealer in
general merchandise. His firm of Simon,
Jacobs d Co. had stores in all parts of the
State, and wherever they had store they
had plenty of the best real property in the
vicinity. His brothers, Ephrafm and S. |.
Simon, are well known here in business
circles, and the widow of his stepson and
her daughter are well known in society.
1t was only last Thursday that little
Jetfreys Martin, one of the plaintiffs in the
case; made her first bow to the social
world as hostess at children's reception.
The suit which Mr.. Barnes is now pre-
pairing will be. filed in Fresno, as an off
shoot to the suit of Mrs Adolph Simon. to
set the alleged fraudulent purchases of
land IN that county aside. Ordinarily the
statute of limitations would long since
have stepped In to bar any claim. but the
fact that little Jeffreys Martin is still
minor suspends that rule and allows the
suit to be brought even at this late day.
Besides, it is only within the last three or
four months that Adolph Simon's guardian
has discovered the peculiar status of
Samuel Slmon'S big estate 1t is probable
that several local suits with the executors
as defendants will be filed at an early date.