The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-06
ASK THAT
THE ESTATE
Be DIVIDED
Grounds on Which the Heirs
of Charles Lux Make
Complaint.
AGAINST THE NCOKP0RAIi0A D..
The Man Who Held Their
Power of Attorney Exceeded
Mis- Authority.
MONEY PREFERRED TO SHARES.
Attorneys State That the German
Legatees Object to Too Much
0ne-Man Power.
! MONEY PREFERRED TO SHARES.

On6-Man ROVER,
The suit of the German heirs of the late
Charles Lux for a dissolution of the vast
Incorporation into which the varied in
terests OF the firm of Miller & Lux were
merged, mentioned exclusively in yester-
days CALL, bids fair to be more far reach
ing in its effect than was at first supposed.
1t aims not only at the setting aside of
| the corporation, but also at the distrbu-
ton of one of the largest landed estates
in the world. The value of the property
is estimated at from SIS, 600, 600 to $40, 000,
600, and the amount of stock issued by
! the corporation was $12, 100000.
The com plant, hlei in the United States
Circuit Court on Friday last, names Philip
Lux, Barbara Lux, Henry Roehrig Sr.,
Henry Roehrig Jr., Dorothea Rott, Sa-
lone Lux Wolf Formerly Salome Lux
and Caroline Lux Michel formerly Caro-
line Lux as plaintiffs, and the following
as defendants:
Henry Miller Henry Lux, Jesse s.
Potter, Henry Lux as the guardian of the
estates of Emil Lux and George Lux,
ceased, Henry Lux as administrator of the
! estate of George Lux, deceased; Jesse S.
Potter as the sole surviving executor of
the last will and testament of Charles
/ Lux, deceased; Jesse S. Potter as sole
| heir at-law OF Miranda w. Lux, dece ased !;
| Thomas B. Bishop and AFRO n. Lewis as
! executors and trustees under the last will
/ nd testament OF Miranda w. Lux, de-
|
j the last will OF Charles Lux. deceased for
| the benefit of Henry Lux, Charles Lux.
Marguerite Lux, Lena Lux Mcbride and
L zzie NJ. Potf, children OF defendant,
/ Henry Lux Miller & Lux "a corporation),
I Thomas b. Bishop, AFRO n. Lewis Ed
ward Z. Allen, j. Leroy Nickel and D. Nj.
Delmas.
The voluminous document, which fills
fifty typewriter pages, goes into the
handling of the affairs of the Mil er & Lux
millions from the time Charles Lux died,
nearly ten years ago, up 10 the present,
setting forth the last will and testament
of the deceased, in which he provided that
property amounting 10 four fiiths of one
half his interest in the holdings OF Miller
! & Lux should go to his relatives in Ger
many, the conditions under which the
corporation was formed and other par
ticulars. The com plant then alleges that
Henry Lux, who held the power OF attor-
ney OF the plaintiffs had no authority to
enter into any such agreement as was
m ade by the parties when the corporation
was formed, and that he exceeded his
authority ana acted in opposition TO the
wishes OF those who had intrusted their
interests TO him.
The court is asked TO declare all past
tran sactions in regard TO the distribution
OF the estate null and void and to order
that the estate be divided according to the
will of Mr.. Lux.
William Loewy OF the firm of Loewy &
Gutsch, the attorneys who are handling
the case for the heirs, explained the rea-
sons for beginning the SUIT yesterday and
also the effect it will have if successful on
/ the Miller & Lux fortune.
The heirs in Germany are dissatisfied,
he said, because they think there has
! been TOO much one-man power about the
whole business and because they did not
want anything 10 do with the corporation
that was formed.
That is the whole business in nut
! shell.
when Charles Lux died he left his es-
! tate, comprising one-half of the entire
assets OF the firm OF Miller e. Luz, to Mrs.
! Miranda w. Lux and number of other
relatives. Mrs. Lux was to receive one
! half OF the estate and the resiGuarv lega-
! tees the remainder OF this half the heirs
! IN Germany, those whom we represent,
! were 10 receive iour-fifths.
Mr.. Lux stipulated that the affairs of
the nrm were 10 be wound up within
! period not TO exceed seven years.
! len years have elapsed since Mr.. Lux
/ died, and still our clients have not
! ceiVed one dollar OF the millione due them.
! Instead OF settling up and distr buting the
estate, as Mr.. Lux evidently wished, it
/ has been formed into an incorporation,
with Mr.. Miller, the Surviving partner, as
head, front and center. We have no
doubt tnat our clients would have re-
celveo their Just proportion of the stock,
! but they don't want any such thing.
Ihey want the money they were en-
! titled 10 under the will, and W II insist on
! getting 1t. They understand nothing
about interpretations as they are carried
! on here, and think it rather strange that
Mir. Miller, who has delayed the settlement
all these years, should be placed in con-
troll OF the concern.
1T would appear, from ali that can be
learned, That Mr.. Miller has dictated all
| that was done with the vast estates His
| mana Sc ems % have been in everything
and has will all powerful in the so-called
settlement he IS made president for
llie-an unheard-of thing-and names
four OF the seven directors. The German
heirs want to know why and how all these
! things came to pass, and above all. they
want their shares-not shares of stock.
but the money their interest represents
| We are advised and believe that Henry
Lux's power of attorney conferred on him
no authority 10 enter into the agreem ent
| by which the corporation was formed.
"Our clients have ne yer accepted the
settlement and now want the whole mat.
ter set aside, an accounting oil the Lux
| millions and s:ribution of the estate.
The matter will come up in the United
States Circuit Court, where the suit was
filed last Saturday, and The public will
then be given an opportunity to judge il
our clients have e Justly treated. Fur.
Their than that | can say nothing at pres
ent.n