The herald., 1898-12-31
NOT HIS LAWFUL WIFE
ALLEGATIONS OF CONTESTANT
IN A PROBATE CASE
WAS THE MARRIAGE BINDING?
Supposed Wife and Sister of McDer-
mott, Proprietor of the Fashion
Stables, Claim His Estate

The petition of Mrs. Carrie McDermott,
special administrators of the estate of her
husband, William McDermott, deceased
wherein she asked permission to sell the
horses now at the Fashion stables, came up
for hearing before Judge Clark yesterday
md was granted. 1t was shown by A. j.
Sherer, her attorney, that he had been adj
vancing funds for the maintenance of the
animals for some time his personal outlay
i'll that regard aggregating several hundred
dollars. As the horses were known to have
gone without food for more than two days
this week, it seemed necessary to put an end
to such conditions and sale was ordered,
both of the twenty-seven horses and of the
carriages, harness, etc, and the household
furniture, such personal property consti-
tuting the whole of the estate.
Mr.. McDermott, while living, was well
known as the proprietor OF the Fashion liv-
cry stables on East. First street, and for a
long time the business was conducted by him
under most advantageous conditions. The
advanced prices of feed and the losses Incl
dent to the death of Mr.. McDermott greatly
reduced the earning character of the prop
erty, until recently the stables have been
operated at a daily loss. In view of the in
UpliitN VI tiC CStdt0 w NStp up Itpths UHtt
meet the expenses of the business it was
deemed best to sell all the effects at public
sale, and it was so ordered.
The estate has been the subject Of con.
siderable controversy, Mrs. Mary F.. Muir.
deck, sister OF the deceased liverymau,
having sought to secure the revocation of
the letters of administration issued last May
to Mrs. McDermott. In her petition Mrs.
al oil tb,+ IL loc+ - Al
or wife, children, father or mother when he
died, but that one Carrie Taylor, falsely rep
resenting herself to be his widow. had Sc
cured appointment as special administrator.
rome of the persons interested in the estate
having any notice of the action contem-
plated.
Further allegation was made that the
supposed widow had represented herself to
McDermott as an unmarried woman and he,
relying on such representations, had mar
ried her as Carrie Walton at San Diego on
November l6, 1897, mot knowing OF her pre-
vious marriage at San Francisco on August
IL, 1892, to one Frank Taylor, from whom
she had not been divorced.
Objection was also made 20 the special
administrators on the grounds of her dis
sipation and inte1nperance, and it was al
legged that she @d Deen sent on June u,
1894, to the insane asylum. since which time
she had at all times been incompetent to
transact business.
William j. Hunsaker has been acting as
the attorney for Mrs Murdoch, but her pc
tition for. the revocation of the letters of
administration was not filed until October
9th last, sinee which time the matter has
not been heasd fully, though the alleged
widow was cited to appear on November
4th and show ci'ase why she should not be
removed. The matter did not come up,
however, until November 18th at which time
it was continued to December Cd and in such
ways definite conclusion of the matter has
been postponed
Mrs. MurdoclS first appeared as a contest
ant on May oath last. when opposing the
probate Of the will by which the personal
property, valued at $4,000, was apportioned
to his relatives, the supposed widow receiv-
ing the bulk of the estate. Mrs Murdock
desires jury trial OF the case, which in due
time will be had in Department two of the
superior court, but the value of the estate
has been constantly diminishing and when
the property is sold it is probable mere
fraction of the original value will remain.