The San Francisco call., 1897-06-19

| right Yours truly. VIM. H. II. HART.
Another letter. written a short time
before, is as follows:
Friend Ber0in: The several cases of Blythe
! VS.. Ayres comes up in the Supreme Court on
! the 18th inst, and l would be very mu ch
| pleased to have you take active part in
them, and il is to the interest OF US all to have
| them disposed OF quickly as possible.
And as you took part in the arguments on
motion for a new trial think you are better
prepared TO make an oral argument than any
! one else; there are eleven cases All told. l, H.
! I. Blythe ct al appeal from judgment; 2
! Blythe Company appeal from judgment; 3, j.
Witt Pearce appeal from judgment; 4, d. &
! W. Savage appeal from judgment: ,, Alice E.
! Blythe appeal from judgment; 6. appeal from
! order denying a new trial by II. 7. Blythe ct
! a.; z, appeal from order denying new trial
! b. Bly, The Company: 8, appra from order
! denying a new trial By J. Witt Pearce: 9, ap-
! peal from order denying q new trial BY Lon
! don SCvages: also c,udiH appeal from judg-
| ment OF London Savages, both in one tram
| script
We have had long fight on this matter
/ and 1t behooves US get the case ended and
/ disposed OF. l know that Mrs. Hinckley Is de-
! sirous that all snail be dcne possible TO draw
| this long csse to an end. l am com led TO
! leave for Sacramento tonight and will be
back tomorrow (MondAy) night and will call
/ and see you on Tuesday.
have requested Mr.. Vincent TO hand Won a
/ copy Of points an authorities in the II. T.
/ Blythe case, and on Tuesday will give you
those in re ythe ComIany. Yours, truly,
January 7, 1894. WILLIAM Il. II. HART.
P. S.-f you will write q briei I viii have it
printed.
All through the case ii has been admi,-
ted shat General w. II. II. Hart was the
confidential adviser OF Mrs Hinckley and
Mr., Bergin contends that she empowered
General Hart to employ him for her case :;
that she ratified that mploy yment by ac-
cepting his services without OBJ biection, and
that, furthermore, she expressed such rat
/ ifcation by he letter from Santa Monica
and otherwise.
Aside from its bearins on the question
OF employment by Gene raj II art, ac'irg 2
on the part of Mrs. Hinckiey, the follow
ing letter rom General Hart 10 Mr. Ber-
! gin IS OF more than passing interes':
SAN FRANCISCO. Cal, June }, 1895
Thomas l. Bergin. NeradG B'oct, Cjtg-MY
DEAR SIR: l see that the supreme Court has
sustained cur motions as follows:
l. To dismiss the appeal OF Adam Blythe
! ct al.
! 2. To dismiss the appeal of James Witt
/ Pearce.
| 8 To dismiss the appeal of A C. Freese as
/ administrator.
4 The court has denied the motions to dis
miss in San Francisco No. SO, II. T. BIyth ct
! al, appellants.
| s. Ny judgment is that on the expiration of
| thirty days Florence is entitled to take pos
session OF the block, the decree of distrl bu-
/ ton becomes final as against the adm nistra-
! tor and the next great question tn at comes up
| IS as TO what com pensatlon the administrators
of the Blythe estate entitled to.
Blythe died April 4, 1888. Philip A. Roach
/ Roach died April 27. 1889, and james c.
! Pennie was appointed administrator on the
/ l0th day of May, 1889. Pennie died in De-
cember, 1893 and in the same month A C.
/ Freese was appointed admins traitor OF said
/ estate.
! In round figures the time of the service OF
! each is as follows: Roach, five years and ten
months; Pennie, Iour years and eight months ;
Freese, one year and six month.
The total nmo unit OF the assets of the estate
on final distribution, that VIII be dis bursed
| by the different administrators, is in the
ncighborhood of 5000, 600. The attorneys
who represent the administrators claim that
| the commission on this should be without
reference to distribution in kind, aud should
! be at least l per cent, making $4,000; and
| that they entitled for extraordinary
services, as compensation, to an additional
| one-half OF per cent, making $26 900, or in
! all $7S, 600. OF this amount MIR. Roach has
received $4,000, Mr.. Pennie has received
! $5626 O5, making total already paid, not in
cludlng what has been paid to Freese, of
ST., ,626:O5.
Questions for consideration: Roach has been
| pald on administrators com mission $4,000,
his heirs want an additional $4,000, or a
! total OF $32, 600. Pennie has received
$5626 %. his heirs want an additional $15.-
| 900, making $40, ,626 05. Freese wants $35 =
600
Questions for consideration and decision:
| /. Taking IL for granted that the total
amount OF the estate received and which will
| be disbuIstd on final distribution is So, ,2O0,-
! 600, as above specified, what would be the
commissions the parties would be entitled to
receive under the law2
2. Would they be entitled to commissions
Tor extraordinary services, and, if so, how
| much
3. Would it probably reach the sum of S78,-
600; as claimed by the parties, or should Ii be
| less?
! 4. Would you advise allowing Mr.. Pennies
! heirs $3.50 more? Mr.. Roach's heirs S2O,-
| 600 more2 Mr.. Freese $35 900, and his attor-
ney, Mr.. Sullivan. $35, 900?
D. Would you ADVISE allowing them any
! thing more than the law allows, and il so, now
| much2
8. Is it advisable to make settlement on
| that basis2
Please give me your views at as early a mo-
ment as possible. Yours respectfully,
| w. II. II. HART.
P. S. What commissions under The law
would they be entitled to on $5 200 600 and
/ how in your judgment should II be appor.
! toned between the different administrators?
Because OF all these letters and because
he says he understood that he was TO be
| paid extra for his work that was per-
! formed after the signing of the settlement
| OF January 19, 1892, MIR. Bergin now de-
mands judgment for 500 600. To this Mrs.
| Hinckley responds that he ia not respon-
sible for Mr.. Bergin's misunderstanding !:
that she considered him employed bv his
| original retainer 10 90 through with the
| litigation to the end, and that she was un-
der no obligation 10 pay him anything
| extra.
1t is exrected that Mrs. Hinckley will
take the witness-stand and testify in her
own behalf next week.