The San Francisco call., 1897-12-24
More Litigation Over the
Estate Of the Iron
Man.
Executors Being Assailed From
TWO Legal Direc-
tiOnS.
Petitions for Their Removal and for
an Accounting of Their Trust
Demanded.

The Hendy estate case is once more
before the courts, and this time with
every prospect of being as bitterly
fought on the new issues presented as
it was when the validity of the will Of
old Joshua Hendy was under consid-
Grafton.
There are two sides to the latest
phase of the case. Mrs. A. ]. Raugh,
a niece Of the decedent and one of the
legatees under the will, is assailing
the executors in the Probate Court,
and George Hendy appears in the civil
court. The point of both proceedings
is that the executors are mismanag-
ing the affairs of the Joshua Hendy
Machine Works, of which they are all
directors, and that they shall come in
to court and make an accounting. In
addition TO these contentious George
Hendy asks for an injunction restrain
ing them from in any way transfer
ring or incumbering his stock.
Both litigants agree on this, how
ever-that the executors should be re-
moved, and they both ask that the
court proceed at once TO do this.
Hendy died October q, 1891, leaving
a will which omitted to provide for
certain of his relatives. Samuel Hen
dy, his brother, to whom he left only
an allowance of $40 a month out of an
estate worth nearly S50O,000, contested
the will and there was d bitter legal
fight before Judge Coffey and a jury.
The jury broke the will. but Judge
Coffey set the verdict aside on the
ground of lack Of evidence to support
the findings, and a new trial was or
dered. The case hung in the courts
for a long time, until, two years ago,
it was compromised The will had
previously been admitted to probate,
and the executors, Samuel J. Hendy,
John II. Hendy and Mary Frances
McGurn, who inherited most of the
property. took charge.
Mrs. Raugh alleges the fact that the
executors constitute a majority Of the
board OF directors of the works, and
that since they have been in power
they have appropriated large amounts
of money TO their own use. She alleges
that Samuel Hendy has thus appropri-
ated s35. 900. John Hendy SIS, 900 and
Mrs. McGurn s35, 600. She charges that
no less than 5000, 900 has been disposed
OF and that no accounting has ever
been made of that sum. She says
Samuel Hendy's salary as president
was at once raised from 5000 to $500
a month and that the salary of John
Hendy as superintendent was raised
from Sos to $500 a month. She charges,
too, that large sums have been invest
ed in private speculaions and that al
though the business pays we'll there
has not been any dividend declared.
The suit of George Hendy includes
the machine works as defendant with
the executors. He alleges he became
possessed of his 1245 shares of stock
in the works December IL, 1882. and
that two days later he placed ii in the
hands of Joshua Hendy, to be re-
turned on demand. Joshua Hendy died
October 81. 1891, leaving a will ap-
pointing the defendants his executors,
and they now, Hendy alleges. hold his
stock and refuse TO deliver it TO him.
More than this, he claims. they threat
en- TO dispose Oft, and unless restrained
they will do so, and 80 work him ire
parable injury. He values his 1245
shares at S150,000
The two suits contain all the ele-
ments of bitterness which were so
prominent in the prObating of the will.
and the legal fight will be prosecuted
with quite as much vigor.