The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-06
IN A SAN JOSE COURT.
Complaint Filed by Counsel
Demanding One-Ninth
Interest.
wINIFRED MoRToN's BOY.
The Allegation Set Forth That He Is
Also the Son Of the Deceased
Millionaire.

SAN JOSE, CAL, Oct, 5.--George W.
Montieth of San Francisco, attorney for
Edward Andrew Barron, the 14-year-old
mulatto claimant to one-ninth interest in
the 81 800 900 estate of Edward Barron, de-
ceased, to-day filed com plant in the Su-
perior Court setting forth the claims of the
negro boy to heirship and an interest in
the estate.
In the complaint the plaintiff. Edward
A. Barron, states that he was born in the
City of San Francisco on February 8, 1881,
and is now resident of that City. He
AYERS that Edward Barron died at May
field, Novem Der "a, 1898, leaving large pos
sessions. The decedent left will, it is
charged, which was admitted to probate in
January, 1894, and Eva Rose Barron made
executrix and that she is still acting as
such. At the time of his death Edward
Barron left surviving him widow, Eva
Rose Barron, two minor daughters, Mar
garet and Eva Barren, two adult sons,
George E. Barron and William R. Barron,
and two minor sons, and Edward A. Bar
ron, this plaintiff.
The complaint sets forth that the omis-
sion of the plaintiffs name in the will was
unintentional. The complaint further al
leges that Edward Andrew Barron is the
son of said Edward Barron, deceased, and
Winifred Morton; that said Edward Bar
ron and Winifred Morton, the mother of
the plaintiff, never intermarried; that the
said Edward Barron, deceased, and the
said Winifred Morton lived and cohabited
together for the period of ten days
or thereabouts in the first part of
the month of May, $780, accord
ing to plaintiffs best information and
belief from the first day of May, 1880, to
the tenth day of May, 1880. That they so
lived and cohabited together at the then
residence of Edward Barron, deceased, at
or near Mayfeld, in said county of Santa
Clara, California, being the same premises
mentioned as the Mayfeld farm. That
while thus living and cohabiting together,
during the time and at the place aforesaid,
the said Edward Barron, deceased, and the
said Winifred Morton begot plaintiff, who
was thereafter on the ninth day of Feb
ruary, 1881, born of the said Winifred
Morton in the City and County of San
Francisco, State of California. That
upon the first day of May, 1880, for
more than thirty days prior thereto
of July, 1881, the said Edward Barron, de-
ceased was widower, single and unmar-
ried. That between the time Of plaintiffs
conception in the FIRST ten days of May,
1880, and the 25th day of July, 1881, plain
tiff's said father, the said Edward Barron,
deceased, publicly acknowledged plaintiff
as his own child; provided for the cloth
ing, care and nourishment of plaintiff, and
otherwise treated plaintiff as though plain
tiff was a legitimate child. That by
reason of the provisions of the laws
of the State OF California he is therefore
deemed and was for all purposes legitimate
from the time of his birth.
Plaintiff asked that his kinship and
heirship be adjudged and the heirship and
rights of the other devisees under the will
be adjudged and asks that decree be
granted giving him a full one-ninth in
terest of the estate of Edward A. Barron,
deceased.