The San Francisco call., 1899-08-01
BACON HEIRS
CHARGE FRAUD
AND MISTAKE
Two Sensational Suits
Are Filed.
BIG LEGACIES NEVER PAID
ENTIRE ESTATE TIED UP BY A
LIS PENDENS.
Serious Error of a Word Naming
Amount Bequeathed Has Been
Discovered and a Bitter
Contest Is On.
Oakland office San Francisco Call,
! Ii


Two sensational complaints foreboding
an interesting contest over the estate of
the late Henry D. Bacon, which was dis
tributed some years ago, were filed in
the Superior Court late this afternoon and
simultaneously lis pendens was recorded
against all of the property of the Bacon
Land and Loan Company located in San
Joaquin El Dorado and Alameda counties
by Professor Frank Soue and Mamie c.
Bacon, formerly the wife of Frank P.
Bacon.
The defendants named in either com
plaint are Julia Ann Bacon. Frank P. Ba-
con- Ella Eta BacOn-Soule, Carrie Jenny
Bacon. the Bacon Land and Loan Com
pany "a corporation); and Frank Page Ba-
con, Ella Eta Bacon-Soule and Carrie
Jenny Bacon. as executors of the last
will and testament of Henry D. Bacon
who died in February, 1893 The attorneys
for the plaintiffs are Bishop &, Wheeler
and William Deamer, with ex-senator Guy
c. Earl also associated as counsel.
The suits, the facts alleged IN either
purpose the setting aside of the decree of
distribution in the estate of Henry -.
Bacon, on the ground of fraud and mis-
It is charged outright that defendants
represented TO plaintiffs that they were
each to receive $1,000 under the terms Of
the Bacon will. when in reality the legacy
in either case amounted to 10000. The
will was originally read aloud to the
AeirS DN Attorney T. -. I(tl I'LL lIS iCoeb-
cies of Frank Soule and Mamie G. Bacon
being announced at $1,000 each, AMI later
the Iegatees were furnished copies of the
will. which also read $4,000. They accepted
this amount but subsequently the orig
inal will was inspected when il vas dis
covered so plaintiffs allege, that Henry
D Bacon had written ten insteaQ Of
two" The will has since been photo
graphed Mr.. Berlin pleads mistake pure
and simple on his part in reading the
amount of the legacies.
The complaints charge the defendants
with knowingly stating as tact TO these
plaintiff beneficiaries that the amount Of
their legacy was $1,000 instead of $4,000,
10 misead them and prevent them con-
sulting the record.
In August, 1893. the widow and her three
children formed the corporation known as
the Bacon Land and Loan Company, in
900. and conveying 10 the corporation al
their interests in the estate OF deceased
Subject to the payment OF the iegacles
provided for in the will. !"
Subsequently on petition OF the eNecu-
tors it was represented TO the court tnat
the Iegacies had all been paid, and the
court then distributed the estate, the res!
due amounting TO about $6O0,O0o, % the
corporation.
Plaintiffs in the present suits purpose
now to have the Bacon Land ana Loan
Company declared to hold the property CT
the old estate subject to the lien of the
balance of the two legacies, which now
aggregate, with principal and interest.
to about $4,000.
Included in the property affected by the
lis pendens is the entire west half-bIock
bounded by Washington, Eleventh ana
Twelfth streets being located in the heart
Of his city.