The San Francisco call., 1899-09-20
JAMES MURPHY'S
WILL ATTACKED
Miss Bertha SmalIey'S
Heavy Claim.
SENSATIONAL DEVELOPMENTS
WOMAN IS A NIECE OF LUCKY
BALDWIN.
Some of the Heirs Are Willing to
Make Compromise to Keep
the Case Out of the
Courts.
Special Dispatch to The Call.

SAN JOSE, Sept 19.-There will be a
contest of the will of the late James /.
Murphy, and the past life of the deceased
will be aired in court and many sensa-
tional features of his career disclosed. Inc
initial step in the matter was taken this
afternoon, when a suit was filed in the Su-
perior Court by Bertha Smalley of San
Francisco against the Union Trust Com
pany, the executor of Murphy's estate,
for $24 600, alleged TO be due for services.
For five years previous to Murphy $
death Miss Smalley was almost his sole
companion, and administered to his
wants. They lived at the Lamolle House,
and it Is said Murphy frequently intro
duced her as his wife. The Indebtedness,
the complaint states, was contracted be-
tween February, 1895, and November 10,
1888, during which time ii is alleged Miss
Smalley performed work and labor and
rendered services to said James L. Muir
ply, decedent at his request, in the ca
pacity of nurse and attendant
1t is stated the services were reasonably
worth $4,000. and all became due and
PAYABLE on November 16 last The claim
was presented to the Union Trust Com
pany on June ~, 1899, but rejected by the
executor. suit Is brought to enforce the
claim, and will certainly lead TO contest
OF the Will
Murphy died last November, leaving an
estate reputed t. be worth in the neigh
burnood OF 9253,0O0. He had been divorced
from his vile Tor a number OF years. Al
the separation ne had amply provided for
ner lie left one child, Mrs. Nllhelmlna
Chapman. Shorty before his death he eX-
eculed a will IN 1t One-half of the prop
ertV went TO Mrs. Chapman, but was heid
IN trust tor her, ana the balance was dt-
VIded among sixteen nieces ana neph-
eWs. Miss Snalley, on whom Murphy had
laN Isheu mis- affections, was not PROVIDED
tor.
The divorced wife, Mrs. j.. I. Murphy,
ana her daughter We're totally ignored,
ana they cIalm it was only Dy trlckery
Ihat they were allowed TO participate ~
the obseqmes. MISS Smalley was
with Murphy a the time OF his death,
which was unexpected, and these relatives
claimed that she took possession OF Mur
phy watch and Jewelry ana hIed hersell
me divorced Mrs Murphy and her
daughter threatened contest, but
through the efforts of Barney Murphy a
compfomise was erected The nieces and
nepheWs accepted a smaller snare than
was given them under the Will ana 1t was
thought the matter would be kept out of
the courts.
Now Miss Smalley is having her turn,
and has upset all the plans she has
secured as counsel Henry l. kowalsky OF
San Francisco and E. NJ. Rosenthai of
tins city, and proposes to fight to hn,
ish. Miss Smalley is niece of Lucky
Baldwin. and it is understood that this
millionaire is back of her with financial
General P. w Murphy and Barney
Murphy, brothers of deceased, it is said.
favor allowing the claim in full, and At
torney Graves, counsel for the sixteen
nieces and nephews, is also of the same
opinion.
Manager Hellman of the Union Trust
Company is willing to abide by whatever
decision the heirs may reach.
Strenuous opposition arises to a settle
ment however, from Mrs James T. Muir
ply and her daughter. Mrs Chapman,
who declare the Smalley woman will
never get a cent of the Murphy money.
An attempt was made to effect a compro-
mise with the latter two for SIS. 600 but
unsuccessfully.