The San Francisco call., 1896-12-12
Marshall Heirs Seek to
Recover a Mission San
Jose Estate.
Now in the Possession of a Man
Whom the Old Pioneer
Beiriended.
Suit Based On a Prom Sc Made to a
Father When on His
Deathbsd.
OAKLAND OFFICE SAN Francisco CALL

, OAKLAND OFFICE SAN FRANCISCO CALL,
909 Broadway, Dec. IL.
Few stories find their way into the Su-
preme Court which equal in general inter-
est the historic tale told in an appeal in
in the case of the Marshall estate OF Mis-
sion San Jose.
Dr. R. L. Marshall of Oakland promised
his father on his deathbed that he would
do every thing IN his power to see that the
estate of the old pioneer went to the
rightful heirs. The suit was once filed in
Alameda County, but was dismissed with
out prejudice on account of the alleged
4 dilatoriness OF the prosecution. The ap.
peal is taken on the ground that the wit
Ynesses could not be found, and that all
= due diligence was shown by the heirs.
Earl Marshall was born in 1899, and
came round the Horn in the old ship
Brooklyn in 1S47. He at once located at
Mission San Jose and embarked in the
dairy business. In 1928 Earl married Le-
titia Dorsey, but the couple had no issue.
In the year Of MarshalIs arrival there
came to the new colony Sam Brannan and
some Mormon followers, and in about
1865 it is claimed that Marshall became a
convert to the Mormon religion, and
throughout his lie remained subject to
the influence of the Mormon doctrine.
About the year 1928 Earl Marshall took
under his care q child named Simeon
Stivers, who was then about three years
OF age, and kept him till he arrived at the
age of manhood. In December, 1865,
Marshall conveyed to Stlvers one-half of
all his real property and the two then
became partners in the farming business
Little By little Marshall became more
feeble and infirm, until finally he was so
incapable that he required some person to
dress and feed him, and this was done by
Stivers.
Dr. Marshall, who is now striving to
fdlfl his promise to his dead father,
asserts that about 1877 Stivers commenced
10 convert to his own use the share of MS
partner, Earl Marshall, and has continued
10 take the rents and profits OF the prem
ises up to the present time.
The basis of the com plant is an ALE
CATION relating to James w. Gillian,
Mormon elder and preacher. By reason
OF the religious fellowship existing be-
tween Gillian and Marshall, and because
OF the age and infrmity and childishness
of the old pioneer farmer, Gillian, it is
said, gained great influence over the old
man.
About year after the arrival of the
Mormon eIder it is alleged that Gillian and
Stivers consDired together 10 take adyan-
-tase Of Marshall and induce him to make
a deed to James ". Gillian OF his (Mar-
shalPs hali OF the premises. According to
. this deed Marshall was paid $4,000, but it
is now alleged that he received nothing
and that the whole transaction was fraud
ulent. On the same day Gillian delivered
to StIvers his deed, which purported to
convex 10 StiYers half OF the premises just
mentioned.
After these transactions, it is charged,
Stiyers, in order to deceive Marshall as to
the true nature of such transaction,
decided the half interest to Ear Marshall
and Letitia, his wife, for the term of their
natural lives, but the plaintiff alleges that
there WIS no consideration given, and
that the old farmer and his wife were
not aware OF the true nature of the deal.
The Old pioneer died without leaving
will in 1881. From 1860 it is asserted that
Letitia Marshall was crazy and totally in
capaGitated, and therefore could not be
legal party to any transfer. On these
facts DR.. Marshall seeks 10 recover the es-
tate from Mr.. Stivers, who is a highly re-
spected citizen OF Mission San Jose, for
the heirs of ola Earl Marshall.
For over three years the greatest inter-
est has been shown in the Marshall Sti-
vers property in the Mission. It is now
very valuable. ana one OF the most profit
a Bile sections IL that part of the County.
Officially it is known as tract Ga on the
survey and plat of the ex-Mission San
Jose.