The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-11
THE HENDY COMPROMISE,
IngiOriouS End of a Big Will
Contest Over a Rich
Estate.
Small Fees Of the Lawyers Engaged
and Sums to Be Paid the
LegateeS.

The settlement out of court of the great
Hendy will contest has proven a disap-
pointment, not only to the contestants,
who had reasonable hopes of securing from
$4,000 to $3.50, 900 each, but to the lawyers
engaged, who calculated their fees in the
thousands.
The publication of the mere fact that the
residuary legatees under the will accepted
a compromise by paying over 500, 100 to
the contestants and their attorneys by no
means tells the story of the settlement.
and the attorneys have not been anxious
to make public the details of the affair.
Joshua Hendy, locally famous as the
PROPRIETOR Of the Hendy Machine Works,
died on Merch is, 1892, leaving an estate
then valued at $452, 041 16, but which has
since increased N value to nearly 5000, 000
BY the will Samuel J. Hendy, John III.
Hendy and Mary Frances McGawn were
made residuary legatees. They were given
the entire stock of the machine works
except 200 shares willed to Charles V.
Manner and Mrs. A. ]. Rough, niece of
the deceased.
To Samuel Hendy, brother of Joshua,
was bequeathed a life legacy of $3.50 a
year. If there had been no will Samuel
Hendy would have succeeded to one
third interest in the big estate.
He and other disappointed heirs, in and
out of the will, employed CARRIER, Boalt e.
Bishop, w. W. Foote and Hall & Earl to
contest the will. CARRIER, Boalt & Bishop
stipulated that they were to receive, in
case they won, their expenses and one-half
OF the amount realized from the Judgment.
Two separate contests were instituted.
Samuel Hendy headed one and Elizabeth
Edwards Rodgers another, as plaintiffs,
but only the first contest came to trial be-
fore Judge Coffey. 1t proved to be an in
teresting battle between the leading attor-
neys of San Francisco. The defendants,
Samuel J. Hendy. John II. Hendy and
Mary Frances McGawn, were represented
by Nowlin & Fassett and w. H. H. Hart
as attorneys of record, and by "A. R. Cotton
and w. II. l.. Barnes as counsel.
verdict was given for the contestants
and the brokers who had been furnishing
them with the sinews of war felt jubilant
and restful.
Messrs. Nowlin & Fassett gathered
their forces together, argued for new trial
and had their motion granted last March
The contestants took an appeal, but pre-
pared no bill of exceptions. Samuel
Hendy, who first wanted 100000, impor-
tuned CARRIER, Boait & Bishop to secure
a compromise. He WAS in bad straits for
money and his creditors and hackers gave
him no peace.
Nowlin e. Fassett, for the defendants,
offered to pay over $4,000 to CARRIER, Boalt
Bishop in settlement of the contest.
This figure was increased to $780, 100.
Samuel Hendy executed document as
signing to Samuel J. Hendy and John III.
Hendy his life legacy of $3.50 year, left
to him by Joshua Hendy, in ''considera-
ton OF 81 and other good and valuable con-
siderations." The "other good and vall-
able considerations" were really this: s.
J: and John A. Hendy agreed to pay him
SIOO month during his life. Samuel
Hendy is about 20 years old.
Here is how the money will go under
the settlement OF the sum of $29, 100 paid
to CARRIER, Boalt & Bishop by s. J. and j.
IL. Hendy, Samuel Henuy receives $4,000,
Elizabeth Edwards Rodgers $1,000, Kate
Millicent Jarrett $1,000 Leila Medland
Brown $1,000, Earl 81 Hall (attorneys)
$780, George Hendy about $1,000 and
CARRIER, Boalt Il Bishop the remainder,
less $4,000 for expenses.
The fees OF the attorneys for the contest
ants are as follows: w. ii. III. Hart. $1,000;
Nowlin d Fassett, $1,000; A. 4. Cotton,
$2O0O; W. ID. l.. Barnes $4,000.
Now that the contest Is wiped out the
terms OF the will will be carried out within
SIX months. Samuel J. Hendy will get
$1,000; John III. Hendy, $4,000: Mary Frances
McGawn, $4,000; George W. Hendy, $1,000;
Alveldea J. Rough, $4,000; Josephine Green
I'm trust), $4,000; Charles N. Manner, 100
shares OF the capital stock of the Joshua
Hendy Machine Works. Mrs. A. J. Rough,
100 shares; Samuel j. Hendy, John H.
Hendy and Mary Frances McGawn, the
entire stock OF the machine works less 200
shares.
The State Of Kansas is worth $3.50, 1871 $50.