The San Francisco call., 1896-03-29
MURPHY WILL CASE ENDS
The Contestants Get q Share to
Prevent Further Expensive
Litigation.
Judge Frick Orders Distribution and
the Supreme Court Dismisses
the Last Appeal.
OAKLAND OEFIcE SAN FRANCISCO CALL,
9O8 Broadway. March %,


The celebrated Murphy will contest,
which attracted considerable attention in
this State and in London about two
years ago, is ended. A few weeks ago the
fact that compromise had been reached
was published in this paper and the news
was confirmed to-day.
This morning an order was made by the
Supreme Court that the appeal of the con-
testants against the decision rendered last
January by Judge Frick should be dis
missed by stipulation. AS soon as the
order was made the case was brought be-
fore Judge Frick in the Superior Court
and he made an order distributing the es-
tate of the late Anna L. Murphy OF San
Francisco to the three daughters, Mary
Ellen, now the wife of Don Dominguez, a
Spanish nobleman, Frances J. Murphy
and Mary NJ. D. Murphy, share and share
alike.
The will OF Mrs. Murphy excluded her
sons, Samuel and Dan Murphy, and her
daughter, Lady Wolseley from any share
in the estate. The children not mentioned
in the will contested it, and the case was
probably the most celebrated ever fought
in Alameda County courts. 1t caused the
making public OF the famous Murphy
family letters. which set society a-gossip-
ing and which furnished interesting pratt
tie for several days tor pages of newspaper
reading. Attorneys Wilson & Wilson,
CARRIER, Boalt & Bishop, Hall & Earl,
Victor and George Metcalf, A. A. Moore,
w. w. Foote and Deering all figured in
the case. The will was eventually set aside
by Judge Henshaw in the Superior Court,
but the Supreme Court reversed the de-
cision. The litigation threatened to be
almost interminable, and finally when
there was a danger of the vast estate being
eaten up in litigation a compromise was
effected.
Under the termsfof the com promise the
contesting children will each receive about
| $50, 600 and the three sisters about $10O, 600.
The exact terms of the compromise have
not been made known. but enough has
transpired to show nearly what figures
were agreed upon.
| There were present this morning at the
| time the order of the court was made At
torpey Wheeler of San Francisco, repre-
| senting the contestants: Attorney Deer
ing, representing the legatees, and Victor
Metcalf, the administrator of the estate,
who was also represented by George Met
| calf and A. A. Moore.
When Administrator Metcalf made his
final report recently and asked for the dis
| trlDutlon OF the estate he showed that he
had $39,097 SO on hand. He states that
the estate. which was once of most liberal
proportions, has dwindled down to one
valued at about $500, 900.
In the proceedings this morning Attor-
| ney Wheeler made several objections,
mainly in behalf of the minor children OF
Eugene Murphy, but they were all over
ruled and exceptions noted. He took this
precaution in the event of hitch regard.
ing the com promise.
The Judge ruled against Mr.. Wheeler on
all points, and finally ordered the estate
distributed to the three daughters in ac-
cordance with the terms of the will oi
Anna L. Murphy. The estate is in the
hands of Victor Metcaf. 1t consists oI
$39, ,0S9 cash, stock in various corporations,
a fourth interest in the Murphy block at
Market, McAllister and Jones streets, and
also the property on Bush and Sansome
streets, in San Francisco.
"The dismissal of the appeal by the
! Supreme Court to-day ends this case, y
said Attorney Metcalf tonight. "There is
nothing now to hinder the distribution,
and it is safe to say that the Murphy case
will not be heard of again in the courts. "