The San Francisco call., 1897-03-03
Mrs. Florence Hinckley
Asks Judge SeaWeil
to Decide.
Interests O. Attorney Hart, Gar.
Der, B5alt, Bishop, Foote
and Kowa sky,
Grandma" Perry's Demand for Ex.
ira CompsnS ton Will Be OBJ.
i1ately Contested.


ley against the lawyers and others en-
gagged and interested in the Blythe es ate
litigation has been assigned to Judge
Seawell of the Superior Court for trial. II
is intended by this action to determine
the rights of the different parties tnat
have figured in the case.
Briefly stated, Mrs. Hinckley seeks to
have a settlement of the claims held by
others against the 100000 estate which
she inherited fIom her father, Thomas 81.
Blythe. That it is in some degree a
friendly suit is apparent from the fact
that her attorneys are W. H. II. Hart and
Ayiett R. Cotton, while W. H. H. Hart is
the first defendant named IN the COM
plant. Following is the list of defend
ants:'
c. Byrne Qormerly Kate c. Perry, John E..
Byrne, Levi KowaIsky, ". B. Wa.d on, Louis
P DrexleT, A. Fusenot, Samuel &. Murphy,
walsky, Z. H. Kowalsky, Ida ]. Phillips,
Mitchell Phillips. Hepburn wilkins, Daniel
Wilson, Henry }. Lang Henry !. kowalsky
John D. Works, J. Boas, Joseph E. Shsin, J. l..
Vermiel, J. L. Vermiel as assignee of the
estate OF julius Schulken. an insolvent
debtor. Charles ]. ArmbTuster, William
Feehan, James D. Byrnes, John CARRIER
John D. Eaton, Emma Joseph Elliott McAllis-
ter and Marion Wagner individually as rus
tees). Henry l. Wagner, Edith Meal ter New
lands, Francis G. Newlands, Hall McAllister,
Eva McAlister, George L. Bates. w. F. GOad,
Caroline A. Towne, iZabeth A. Rodgers, Ar
thur RODGERS, John White. Michael Cochrane,
Richard kinsella and RoUert ". Johnson
doing business under the firm name OF Kin
sella d Johnson), Siegmund Wollberg, D. A.
Curtin, ". S. Morgan, L. l. Fish, J. F. Clarke,
s. P. Young (as receiver OF the California Ma
.tional Bank of San Francsco), T X. Stateler
(as agent of said bank Harry n. Morse las adj
mlnistrator OF the estate OF George P. Gof),
Max milan Herzog, Isaac Strassburger and
Frank McGown.
Quite number of the defendants here
in named are creditors OF Attorney Hart.
having loaned him money in different
sums, the payment of which vas secured
by liens on Mr.. Hart's one e-eighth interest
in the estate. The creditors are:
Louis P Drexler, $50 600; George E. Bates,
S22 800; L. l. Fish. 1865 IL Caroline A.
Towne, ST. 900; Elizabeth A Rodgers,
$50 21O 73.
To Messrs. CARRIER Boalt, Bishop and
Foote Mrs. Hinckley has already trans
terred one-filtieth each of the property
known as the Blythe block. and she does
not dispute their title in this regard.
Emma Joseph holds mortgage on the
property for SAC, ,000 Thomas I. Bergin has
claims amounting to 500, ,179 81 and John
~. Eaton demands SZ0,UUU
The claims Of the late Hall McAllister
and OF his representatives, as we'll as the
claims of Thomas l. Bergin, are resisted
by Mrs. Hinckley on the ground that when
she signed the contracts to pay them ~
per cent of all property awarded to her
she was young and inexperienced, and was
led by her guardian TO believe that she
was legally obliged to do so; fur her, that
she had no independent advice in regard
fN fha aaiI hot MoA
and Bergin fai ed TO perform the services
they agreed to perform, and she objects to
paving their claim.
Touching the conn mpensation for her
guardians, the late James Crisp Perry and
Kate q: Perry (now Mrs. Byrne). it is ad-
mitted by Mrs. Hlnckley that she agreed
to pay them 10 per cent of all properly
recovered by her, and she insists that this
shall be considered in iull for all the ser
vices Of her guardians. She saws she has
paid Mrs. Byrne former!y Mrs. Perry
$I9,450.
Several of the defendants named pre-
tend to hold interests in the Blythe estate
obtained under and through Mrs Byrne.
Mr.. Perry was her grandfather and Mrs.
Perry was her grandfather second wife.
Mrs. Hinckley says that when she signed
the second contract agreeing to pay Mrs.
PerryByrne additional mpensation she
did so under a misrepresentation of her
rights. She thinks the original 10 per
cent Is enough for Mrs. Byrne.
Mrs. Hinckley admits that on March s,
1892, Henry l. Kowalsky obtained from
her a writing by which she agreed 10
transfer to him per cent or one fifteieth
of all property recovered by her from tie
estate of Thomas II. Blythe. Since then
she has paid him $8l65 95 and has acce pted
all order from him in favor OF Joseph E
Shaw for $3.50. She has also received
notice that Mr.. Kowalsky has transferred
10 per cent of his ope.fiftieth share to J
II. Mahoney. There are other creditors
of Mr.. Kowaisky VINO are included in the
list of defendants in order that their rights
may be adiudicated.
The interest of w. F. Goad in the mat
ter is represented by loan of $4,000 to
Mr.. Hart. The claim OF George P Golf
she repudiates altogether.
In conclusion, Mrs. HinckIey represents
TO the court that the real estate sought to
be partitioned Is susceptible of being di-
vided and partition ed to the persons who
own interests therein, and she asks for an
order OF court making such partition in
such a manner that the share to which
she is entitled shall be set apart in one
body.
An early hearing of the suit Will be
asked for by Mrs. Hinckley and all others
interested in the matter. Only four con-
tested claims appear in the record, and it
Is thought that decision nay be reached
in regard TO the nndisputed claims. and a
division OF portion of the Blythe block
will be effected as 10 such claimants. The
other matters Will be LETT for subsequent
LITIGATION.