The herald., 1898-11-30
The BRADBURY ESTATE
SUIT IN PARTITION INSTITUTED
YESTERDAY
HEIRS WANT A DIVISION
Action Brought in Superior Court by
John Bradbury and Others to Par
tition Millionaire's Estate

suit in partition of the estate OF L.. Il.
Rradbury. deceased was instituted yester-
dsv. In this action John Bradbury and
Rosario Winston, individually and as trust
ees of the estate of L. l.. Bradbury, de-
ceased. and Louisa Bradbury appear as
naintffs and Simona NJ. Bradbury, the
widow of the dead man, is sued individual
" and as trustee of the estate, Minnie Polk,
Isaac II. Polk and Lewis Bradbury being
made co-defendants.
The complaint sets forth the fact of Brad
burv's death in Oakland on July IA, 1892,
leaving a last will and testament; the ad-
mittance of the will to probate, under the
terms of which John Bradbury, Simona Nj.
Bradbury and John d. Bicknell qualified as
executors and trustees; the resignation OF
Bjcknell and the distribution the same day,
Dec. 81. 1894, of an undivided two-thirds
interest in the estate to the widow and John
bradbury as trustees under the will, and an
undivided one third thereof to the widow
individually.
The subsequent appointment of Mrs Win
ston as trustee, to act with Mrs Bradbury
and John under the will is related; list
of property acquired by action of the trust
ees and now forming part of the estate ls
piven, which property has not been dis
tributed. A complete schedule of the real
estate holdings of the deceased capitalist at
the time of his death is next given, and COM
prises five pages of closely typewriter mat
ter.
By the will John Bradbury, Louisa Brad
bury. Simona Bradbury, Minnie Bradbury
POLK and Lewis Bradbury, all his children,
were to receive at the expiration of a twelve
o,,rtn nf hripo1DC
what each had previously received, amount
ing to 100000 ard equal share in the resi-
due, but by an agreement of the heirs Ro-
sario Winston, the daughter who married
against her fathers WILL was admitted to
equal rights and appointed trustee. Allega-
ton is made that Simona Bradbury, ,one of the
beneficiaries, is of unsound mind. and that
provision of the will, whereby two of the
trustees acting jointly are empowered to
make contracts, execute deeds of convey
ance and perform any of the duties and
execute any of and all of the powers given
to the trustees. under and by virtue of which
Rosario Winston individually acquired an
interest in the trust estate of two-thrds of
all the property described by contract in
writing made by Simona, John. Minerva,
Louisa and Lewis Bradbury and Rosario
w lHStOH suCl ItduJustilitHl Vi liic u uNt sun
leaving the widow an estate of Inheritance
to an extent of an undivided one-third in
terest in all the lands and premises de-
scrbed.
Polk is made a party to the action on ac-
count of the fact that he is the husband of
Minnie Bradbury Polk. All the other re-
lationshps are exactly set forth and all the
parties are shown to be of age except Lewis
Bradbury who is over IA years old.
Plaintiffs further state that all the lands
may be parttioned without injury to any of
the parties in interest. and that plaintiffs
desire that partition be made.
Wherefore they pray that Judgment be or
dered in partition Of said real property ac-
cording to the rights of the respective par
ties; that if partition cannot be had without
material injury to those rights. then the
premises be sold and the proceeds be ap-
piled to the payment of the general costs Of
this action, the costs OF reference, and that
the residue be paid to the several owners in
proportion to their respective interests, and
for such further relief may be proper.
Bicknell, Gibson and Trask are the attor-
neys for plaintiffs, and Rosario Winston
verifes the instrument by her signature sub
scribed and sworn to before Il. w. Darby, a
notary public for this county. on Nov ODD
The cause has been assigned to Department
two for trial. and in proper order will come
before Judge Clark for hearing.