The San Francisco call., 1906-08-19
LAWYER WANT BIC
PART Of ESTATE.
Before Aunt Dies Nieces
Enter Into Agreement
With Felix Mersbach

Investigation has been commenced by
Judge Kerrigan into a contract entered
into by Felix Mersbach. San Fran
ciscan, and two Hamburg attorneys.
Three years before the death of Mrs.
Ida Thompson these lawyers signed an
agreement with three presumptive
heirs to keep an eye on Mrs. Thompson,
and in case Of her death bring legal
proceedings II necessary, to secure the
property she might leave. For this
service 30 per cent of whatever prop
erty fell into the hands of the German
heirs was to go to the lawyers. Judge
Kerrigan declares that such contract
is null and void and that 1t Is against
public policy.
Gustav Gutsch has been substituted
as attorney for the heirs in reality,
since Mrs. Thompson died March 81.
1906, and the Judge has announced his
intention of refusing to allow the con-
tract to stand should he be called TO
pass upon this phase Of the case.
When Mrs. Thompson died she left
an estate valued at 100000. BY the
terms of the will Emil Leiss was named
as executor, and he was appointed spe-
cial administrator in order that some
one might be in charge of the prop
erty With the exception of various
bequests amounting to $4,000 the tes-
/
ker and Ida Stendorf, nieces, both OF
Hamburg.
Felix Mersbach appeared as attorney
for the heirs and continued so until
| last month, when Gustav Gutsch filed
| an order revoking the previous power
! OF attorney and the appointment OF
| himself. This was the signal Tor
! protest on the part of Mersbach- He
! announced to the court that he had an
interest in the estate and therefore
i could not be disturbed.
Inquiry revealed the fact that he had
a contract with Elsabe Banker. Ida
Stendorf and LENA Kock, another
! niece whose name was not mentioned
in the will. This contract was drawn
up in 1903, and reads as follows:
We have employed DIR. Mittelstrass
and D. F. Bolger of Hamburg and Felix
i e. Mersbach OF San Francisco to rep
resent our interests in the matter OF
the property and estates OF the mar
ried couple. John Thompson. AS we
are not in the position to pay the re-
A Quired money, we promise our attor-
reys in fact collectively to pay them q
fee of 40 per cent OF all property which
we may obtain by litigation or other
wise from the estate. In consideration
of which our representatives declare
themselves satisfied not to demand any
fee II this proceeding should prove un-
successful.
Judge Kerrigan admits that case
taken on contingent fee subsequent
to the death of the holder of large
property would hold. but declares 1t II
out OF all reason for the heirs to en-
gage their attorneys in advance of th'
death of a relative with the purpos'
OF watching for the death. that they
might be in better position to benefi
from what was left
LENA Kock, the niece who was no
remembered by the will. commenced {
contest, In which she alleged that Mrs
Thompson was 80 years of age at th'
time of her death. ana That she was in
fuenced BY Emil Leiss and others IL
the bequeathing OF her property. Thi
contest was dismissed, however, and a
tho heirs had come to an agreement /
is evident they were prepared to dis
tribute the estate.