The San Francisco call., 1896-08-02
HEIRS. RECEIVE
THEIR PORTION,
Property Of the Late James
M. Donahue Finally
Distributed.
:. -
SAN FRANCIsCo's GAIN.
The Provision for. a Fountain on
Market Street Will Be
Fulfilled.
LARGE REQUESTS TO CHARITY
Some Were Decreased by Stipulation
With the Widow...Lawyer Han.
Ions $4,000 Fee.

SAN RAFAEL, CAL.,. Aug l-Judge
Angelotti to-day rendered his decision on
final account of the executors in the es-
tate OF James NJ. Donahue, deceased, and
decree of distribution of the money and
property of the large estate. The Judge
handled the complicated matters involved,
including nice points of probate law. q
mass of intricate business detail, calling
for the skill of an expert, and the delicate
adjustment of conflicting interests, with
the hand of master. and it is doubtful If
any objection will be raised by the persons
affected. although the Judge himself sug-
gested on one point that an appeal might
be taken. The decree distributed nearly
$500, ,0e0 in money, and the estate enjoys
the distinction of being much larger at
the division than at the commencement Of
probate, which is not at all usual in such
cases.
The first item is the final account OF the
executors, embracing the period between
April %, 1898, and May 23 1886. Mono of
the many persons in interest has pre-
sented objection to any item of disburse-
ment, ana evidence shows that the ac-
counts, so far as concern receipts ana dis
bursements, are correct.
According thereto, the balance of cash
remaining in the hands of the executors at
the date of filing the account was $4l2,-
24211
Other property. real and personal, also
remains on hand to the value of $40, 600.
Various accounts are presented by the ex-
ecutors for adjud ication, which the Judge
takes up and disposes of as follows:
erl-
for Executor Burgin, for moneys advanced,
embraces different items, which appear to
have been necessary, amounting 10 $126 25.
Second = The claims of Butler, hoffman,
Jaime and Mynderse for legal services in New
York-S61 50, was allowed.
Third-The claim of D. A. Smith for service
as secretary, and in settling litigation and re-
covering possession of certain mining prop
erty in Placer County-S5O0-was allowed.
The executors recommended the payment.
Fourth-Family allowances: Under the Or
der made by court in 1890 there is due the
widow, Belle W. Domaine, now Belle W.
Sprague, for support OF minor child OF de-
ceased, $4,000. This is for ia mily allowances
from October 3, 1894, to June 3, 1896.
Fifth = compensation of executors. Total
cash received by executors during administra-
ton Is 81. .247, ,04S ii. Value OF property other
than cash remaining on hand is $40 900. To-
tai 81, 2s7, ,o4s A. upon which commissions
are TO be calculated AT rates given in section
1913, c. G. p. This gives total of S14, $50 4S
SIS commissions to which executors are entitled
by law.
The executors also request that they be al
lowed for special sesvices as far as permitted
by statute, !. E., half amount of commissions
allowed by law. which would be $7345 "a
The magnitude of the interests, the condition
OF danger in which these interests were, the
volume OF litigation, ETC., all required unusual
ability, industry and honesty. The executors
had these. qualifications, and haYe done their
duty. But they have been literally dealt with
and have each received over $500 from the
New York administration. | therefore feel
q mi he ~ 10000
making the total compensation of the two ex-
ecutors SIC, 500 AZ.
sixth-Compensatio of the firm of Hanley,
Hayes, McEnerney d Bradley, attorneys for
Executor p. j. MeGlynn, from January g.
1893, to date, S15 900, has been suggested as
fair, and this amount has been consented to
by the attorney for Mrs. Sprague. But the
court must consider the interests of the minor
child, and the various charities, and deter
mine for itself what is fair compensation. I
have concluded to allow 81, 500.
Seventh-Claim of Hepburn wilkins, ap-
pointed in 1890 attorney for various unrepre-
sented parties, in which capacity he served
until August, 1898. He has already received
$4,000. A total allowance OF $500 for the
nearly three years service in my opinion !
would be fair, and his claim is allowed for
5000.
Mr.. wilkins was allowed for service as guax-
dian sd litem for Isabel Donahue, the minor
child. He has also obtained for her by sti puls-
tion $44, 900 that must otherwise have gone
to the widow. The property distributed and
TO be distributed to the emiDor is about $140,-
600. A fee of $4,000 is allowed, to be charged |
to the minors share.
ney for both executors from April. 1890, to-
January ., 1893, to- date Claimant has |
not stated the sam he deems reason |
full ana complete statement of his |
services, and the testimony OF experts Four |
lawyers have testified, placing the sum at |
dificu1t 10 decide fairly between thea,torney |
and the estate. The decision compliments |
Mr.. HaEloQ very highly. His work was done /
under great disadvantages, was well done. |.
the estate. 70 extricate the railroad stock |
from its perifous position and put. it in /
shape for sale to convert the remainder |
OF the property into cash and meet the torrent |
OF Litigation, required the best effoStS OF a't
lawyer OF great ability. The result in this /
estate is, as has been .testined to, marvellous
dus5ry and ability shown by him, is entitled TO /
q large part Of the credit. To this Mr.. HaRion |
devoted all his time for two years and nine /
months, except that he was also attorney for !
the railroad at a salary of $4,000. For services |
ofthe character and worth described and the |
magnificent results obtained $50. 600 seems to |
me fair eompensat ton, and his fee Is fixed at |
that for the general administration. He has
received one account $30000, leaving O bai- !
once of $50, 600, which is ordered paid to him. |
Ninth-Claim OF Wood. Christensen d Co., q
corporations This is reported blythe executors |
without recommended! ton. 1t is for services in |
connection with the sale OF the railroad stock
belonging TO the estate. Ine decision reviews |
the testimony on this claim and allows $500 |
for the service.
Tenth--For closing the estate the estimated
expense is $200a
According TO the foregoing the amounts to |
be expended from the balance OF $412,242 IL
on hand are as follows, viz: |
Charles p. Hanion. expenses.....-. S126 %
Butler, hoffman & Co.. legal services...s 81 95 |
Unpaid family al.owence......- -. 10000 90 |
Executors commissions ar legal fa.es.- l46 o sS
Executors extra alloy snee. s...-.. 2,00O 90
ley. iegai services 1850 90
II. wilkins, iez al services. es........,...... 5u0 90
Charles r. Hanion legal services - $1,000 90
Wood, Christensen & Co., legal services l50o 90
Expense closing estate .-..-.......-.... 200 90
Total. S91. .57S 6S
Leaving a..balance of S320.66 43 in cash
available for distribution. To this amount Il
must DC added the value OF the property other
tnen cash remaining on hand, which is shown
10 be $40, ,000 making the aggregate value of
distrioufah!e property remaining on hand
$3.50, sos 4S. IL is interesting 10 note in this
that there has ALREADY been dis
tributed 10 legatees the sum of $120, AIS 40.
And on account of the widows half OF the
communit5 property the sum of SIG, ,133 70
aggregating 1886 .612 >, which with the bal
ance remaining. S360,663 43. makes the total