William Walkerley-Lincolnshire man made millions!

My great grandfather was John Henry Doughty, aka Harry, 1857-1891, married twice.

His second marriage was to Mary Susannah Walkerley, aka Polly, 1855 in Fulstow, Lincolnshire, died 1936 in Grimsby. Harry & Polly had 4 children, all half siblings to my grandfather Stan Doughty, born 1880 died 1924. In researching the Walkerley family, I found that many came from North Thoresby, a village about 6 miles south of Grimsby. Polly's uncle was William Walkerley, born 1818 in North Thoresby & died 1887 in San Francisco, California, USA. Working in Grimsby Central Library I found a newspaper article by Peter Chapman in the Grimsby Evening Telegraph entitled "The Walkerley Millions"

William Walkerley born May 24, 1819, the son of John Walkerley & Mary Marshall, did not see his future on the Marsh of Lincolnshire, or in Louth or Grimsby, but in 1842, emigrated to San Francisco, via Liverpool, New York, Ohio, Chicago and St Louis. He served as a soldier in the latter sections of the Mexican War and returned to Lincolnshire. Failing to convince his brother Martin Walkerley (born 1826), he returned to USA alone and followed the Santa Fe Trail with a trail of mules and oxen to California. He opened a mercantile store at Chinese camp, Tuolumne County, beyond San Joaquin River near Yosemite and supplied the gold miners, which proved very successful. Martin Walkerley joined him here. They employed a Henry W Whitworth, born North Thoresby as a teamster to ferry stores from Stockton to Chinese Camp. Having made their fortune at Chinese camp, William bought large quantities of grain from Whitworth and had it shipped from California to Liverpool. Later he became a property developer, building property in San Francisco, making his fortune. He lived in Nob Hill rubbing shoulders with a Randolph Hearst, a mining magnate and millionaire. William was unmarried all this time, but in his 60's met a young society woman, from Oakland, married her and had a young son, but in 1884 he died, after 2 years of marriage leaving a fortune of £250,000. He did not leave a will, or if he did it was invalid.

 Back in Lincolnshire, Harry Doughty (my great grandfather), had married Mary Susannah Walkerley, and a Robert Johnson had married another Walkerley daughter. Both decided to contest the will, and not wanting to make the journey themselves sent young Dick Johnson, Robert's son to San Francisco. Dick was 20 years of age, bright and a first class joiner. He had been apprenticed to the Grimoldby builder John Broadley. Broadley was a local Liberal councillor and a temperance champion. Dick was working for Harry Doughty in his building business, when he heard about the death of his Uncle William, and the will, and set off for San Francisco, his fare being paid for by Robert and Harry. He travelled by train from New York to San Francisco to pursue the claim. Back at home, Robert and Harry knew nothing of William's marriage, the young widow or the son, so the pursuit of their claim to William's will by young Dick Johnson did not go down well in San Francisco. Litigation dragged on for some 9 months during which time young Dick had to pay his own way, no doubt through his trade as a joiner. Eventually the judge in the case awarded the will to the young widow, and then 2 weeks later married the widow! The newspapers at the time reported that Dick Johnson was a barrister. Mortified, and penniless, Dick made his way back home to Grimsby, arriving there on May 21 1885. Then he resumed work with his uncle Harry. Harry and Robert's plan for the new development of Bethlehem St, Grimsby which relied on the money from USA could not go ahead, and Dick became an insurance agent for the Liverpool Friendly society, and Harry Doughty died in 1891 at the age of 34. Dick Johnson and a Harry Chapman did return to USA to look for the money sometime later, and Dick's son, Dick Johnson became a schoolmaster and the head of Wintringham School in Grimsby.

Well what a story, especially that piece near the end where the judge married the young heiress! I just had to do some research on my own to see if it was true. I turned to the California newspapers where over a period of time I managed to produce this information. As you can see the story was much more complicated, but the articles do mention Mary Susannah Doughty, nee Walkerley as Mary S. Doughty & Harry Doughty. Other names in the article I have used to research the Walkerley family and the Bacon family. Others in USA have used the story to research the Buswell family.

 Henry Whitworth, 50 years, in 1880 was a farmer in San Joaquin River, Merced, California according to the census, married to Jane, aged 45, with two sons, George, 24 & John, 21 years.  Apparently the last vestige of the Walkerley mercantile store at Chinese camp, a bullet-ridden iron shutter was exhibited in the main office of the Wells Fargo office in San Francisco.

The estate of William Walkerley as seen through the Californian Newspapers-1887 to 1895.

Amongst the passengers on the Nicaragua Steamship Company's vessel America, which leaves this port For San Juan to-day, are William Walkerley & Martin Walkerley.

 Daily Alta California: California Newspapers: Sunday March 16, 1884

WALKERLEY—In East Oakland. March 14, Martin Walkerley, aged 66 years, 3months and 20 days. [Tuolumne and Stanislaus papers please copy.] Funeral will take place Sunday, March 16, at 2p.m. from the residence, corner of Sixth avenue and Twentieth street, East Oakland.

Daily Alta California: 19th December 1886

Wm. Walkerley to S C. Johnson, lot on E. line of Front St., 83.2 N. of Pine St., N. 50, E. 90. S. 8 inches, E. 46.5 X, 8. 50, W. 4(3.5 ?i, N. 8 inches, W. 00, to beginning, 63, 000 dollars

Daily Alta California, Volume 42, Number 13728, 2 April 1887

Marriage

WALKERLEY— BUSWELL –In Oakland. March 29.

By the Rev. J. W. Boss. William Walkerley of East

Oakland and Mary Blanche Buswell of West Troy. New York.

Daily Alta California: Saturday September 17 1887

WALKERLEY—In Oakland, September 16, 1887, William Walkerley, a native of Lincolnshire, England, aged 69 years, 7 months and 9days. Friends and acquaintances are respectfully invited to attend the funeral on Monday, September 19th at 2 o'clock p.m. from his late residence, corner of Sixth avenue and Twentieth Street, Oakland, without further notice.

Daily Alta California: September 20, 1887

The funeral of William Walkerley took place from his late residence, at Sixth Avenue and Twentieth-street, at 2 o'clock yesterday afternoon. The services of the Episcopal Church were read by the Rev. H. D. Lathrop. The pall-bearers were: A. A. Moore, J. W. Westphall.  L. A. Booth, J. J. White, J. P. Weaver, John Sanborn, P. Jones, A. Hersey ' J. C. Wilmerding, and J. N. Kellogg. Representatives of the Pioneer Society, of San Francisco, of which Mr. Walkerley was a member, attended and followed the body to the grave.- Deceased was placed in a tomb at Mountain View Cemetery.

September 27, 1887

Yesterday, Columbus Bartlett, Martin Bacon and Frank Barker, executors, asked that the will of the late William Walkerley be probated. The value of the estate is $780,000. Deceased bequeathed to his young wife the sum of $100,000, to be paid to her when the Walkerley Block San Francisco, shall be sold. The legacy, meanwhile, to be a lien on said property, bearing interest at 5 per cent. . To his unborn child, deceased bequeaths $100,000, under conditions similar to the foregoing. - Martin Bacon is appointed guardian of the estate of the child. Various other bequests are made to relatives. Deceased accidentally met the young lady now a widow. She belongs to a good family, and came west to try her luck in the matrimonial lottery.

September 29th, 1887

It is probable that the codicil to the will of the late William Walkerley will be contested by his heirs, as it leaves $100,000 to a child unborn and $100,000 to his widow.

October 4, 1887

The Pioneers met last night. The following members died during the past month: Edwin O. West, Hugh Wittell, Washington Bartlett, & William Walkerley.

November 16, 1887

Maurice Dore, Thomas A. Smith and E. S. Hamilton have filed their inventory and appraisement of the estate of William Walkerley, deceased. The personal property is valued at about $7000; cash in hands of executors, $3374, the Walkerley block in San Francisco is valued at 500.000 dollars and brings in a monthly rental of $800 the Howard house, on Stockton and O'Farrell streets, is valued at $250,000 and brings in a monthly rental of $1900: the whole of block land in East Oakland, on which the Walkerley residence is situated, is valued at $25,000. The total value of the estate is appraised at $782,103 89.

Saturday 3rd December 1887.

Litigation Promised Over the Walkerley and Starr Estates—

THE EASTERN SHORE.

There is trouble developing over the great Walkerley estate. Not much over a year ago, aged William Walkerley happened to spy a comely young woman as he was passing along the street. She was standing in a front yard amidst children. Some time before she had come to California to live with a relative. Walkerley was smitten at first sight and ere long became the young lady's husband. Lately he joined his ancestors.  By his will he bequeathed the widow $100,000, and to her unborn babe, still in embryo, also 100,000. A few days ago Blanche M. Walkerley, the young widow, petitioned the Superior Court for a family 'allowance of $420 a month, and asked the court to set aside the personal property in the mansion in East Oakland for her separate use and benefit, claiming that she was entitled to it, and also asserting that under the terms of the will she was entitled to the family allowance. The other heirs of the deceased are not of the same opinion as the widow. Mrs. Betsy Newman and John Walkerley, heirs at law and devises under the will of the deceased, have filed their objections. A kinship war is on the “tapis”

Daily Alta California:

December 12, 1887

The four-storey structure on the 50-vara lot at the northwest corner of O'Farrell and Stockton streets is on the market. The rents amount to about $2000 per month. It belongs to the Walkerley estate.

December 20, 1887

Judge Hamilton yesterday granted Blanche M. Walkerley $420 per month, to be paid out of the estate of the late William M. Walkerley. John Walkerley and Mrs. Betsey Newman   contested the allowance, and will carry the contest to the Supreme Court. This is evidence enough that the residuary heirs under the will contest it in every particular.

January 13 1888

Mrs. Blanche M. Walkerley, the widow of the late W. M. Walkerley, has petitioned to the Superior Court to have the East Oakland homestead set aside for the use of the family. The family consists of an unborn infant and Mrs. Walkerley.

January 20th, 1888

A supplemental inventory of the property of the estate of William Walkerley, deceased, bas been filed with the County Clerk. The property consists of notes against Frank Barker, dated 1875, for $1000 and $200, appraised at no value; note of Martin Bacon, given in 1876, for $5347 77, appraised at no value; note of Samuel Adams, given in 1877, for $100, appraised at no value: notes of J. G. Lavery for $210, W. Myers $900, and E. M. Arthur $4720, all also appraised at no value. The following notes are of face value: John Kelso, $618; Frank Barker. $657 and $436; Columbus Bartlett. $276. A note of G. Schultz for SI758 is appraised at no value.

February 15, 1888

Everybody will remember the death of Captain William F. Walkerley and how he left his vast fortune mostly to his wife, with 100,-000 to a prospective child in case the child should be born alive. Yesterday the prospective heir became a reality, and at 5 o'clock yesterday morning young Walkerley began shouting lustily, not for the $100,000, but for something to eat. He is a good, healthy boy, and both mother and child are doing well. The infant's weight is ten pounds, and there is every prospect of a long and happy life.

February 15, 1888

Blanche M. Walkerley, the widow of the late Wm. Walkerley, has petitioned to the Superior Court for a family allowance of $400 income month, and that all the personal property in the residence of the late Mr. Walkerley be distributed to her. It is possible that Mrs. B. B. Newman, the wife of a San Francisco attorney, and John Walkerley will contest the codicil to the will, which leaves $100,000 to the wife of the deceased, and $100,000 to a possible heir.

February 18th, 1888

Other heirs to the vast estate of William Walkerley, deceased, will not it is stated, contest the legacy of $100,000 to the juvenile widow, and of a like sum to her posthumous baby boy.

March 4th, 1888

John Walkerley and Betsy Walkerley, heirs at law of William Walkerley, have appealed from Judge Hamilton's order allowing the widow $410 per month family allowance.

April 14, 1888

Walkerley, deceased. By the terms of the will of the deceased, Martin Bacon is appointed guardian of the minor. The child is bequeathed $100,000 in his father's will  The Harvard block, in San Francisco, belonging to the estate, has been sold for $200,000, and the Court been asked to confirm the sale.

April 21, 1888

Judge Hamilton has made an order setting aside the order requiring Martin Bacon to give bonds as guardian of the person and estate of William Martin Walkerley, a minor, who is heir to $100,000.

May 3rd 1888

William Walkerley, by executors, to H W Hyman lot 137 to V M Faucault and Stockton 260,000 dollars.

July 24, 1888

V. M. Faucault, a real estate broker, has been awarded $1500 by Judge Hamilton as commission for finding a purchaser for the Howard Block, San Francisco. The property was part of the Wm. Walkerley estate. Foucault got $10,000 more for the building than was offered by bidders at a sale. The heirs talk of appealing to the Supreme Court with the intent to get the broker's fee reduced.

August 18 1888

Mrs. Blanche M. Walkerley filed a petition some time ago to have a portion of the residence block at East Oakland set apart as a homestead. Judge Hamilton appointed commissioners to determine whether a $5000 slice could be carved out without detriment.

September 4, 1888

Judge Hamilton approved the report of the commissioners who were appointed to investigate the property in East Oakland of the Walkerley estate) and who reported adversely to the petition of the widow who applied for a homestead to be carried out of the property. The widow was given permission to have an amended petition for a homestead.

September 26, 1888

William Martin Walkerley was born February 14, 1888, his father having died September 10. 1887. The little one is entitled to $100,000 out of the $500,000 estate, and no one is legally entitled to receive it for him His mother has asked to be appointed guardian.

October 5th 1888

THE EASTERN SHORE.

There is ' trouble in the Walkerley family. ; One day, some twenty months ago, wealthy William Walkerley saw a pretty girl playing with some children in an East Oakland yard!  The young: woman had lately come from the East. Walkerley fell in love with the comely stranger and married her. Old age soon asserted itself inadequate to worst dead and Walkerley joined his ancestors.  By his will the widow, received $10,000 a year, and if she became a mother she was to receive $100,000 and the progeny the same amount.  Several months after the obsequies a child was born to the lucky young woman. Other heirs to the estate' have been busy combating the widow. The latest move on their part is a formal announcement that next Monday they will ask the Court to discontinue the family allowance to her of $420 a month. They allege she has done pretty well and can relinquish that trifle.

October 13, 1888

The first annual report of the custodians of the estate of the late William Walkerley has been issued. It may be summarized, as regards finances, as follows: Cash 'received, $299,389 58; cash -paid out, $297,470 56; cash on hand, $1919. 02, property on hand other than money: Real estate, $525,000, personal, $2292 50, total, $527,292 60.

October 23, 1888

Yesterday Judge Hamilton appointed Mrs. Blanche M. Walkerley guardian of her infant son who is heir to $100,000 from the estate of his father, the late William Walkerley. By deceased's will Martin Bacon, a trustee of the estate, was named as guardian of the minor. The mother declined to recognize Bacon in that capacity and the law has upheld her. There in a contest over the large amount of property left by the defunct.

October 25, 1888

Blanche M. Walkerley, relict of William Walkerley, has been granted for a homestead during her widowhood, the very valuable square of ground and mansion thereon in East Oakland. The young lady inherited 100,000 from deceased, whom she romantically espoused and her infant received a similar legacy.

October 30, 1888

John Walkerley and Betsy Newman will appeal to the Supreme Court from the decision of Judge Hamilton setting aside a house and the- block of land upon which it stands for a homestead for the use of the widow.

November 23rd, 1888

Walkerley, Martin Bacon & Columbus Bartlett, executors of the deceased, yesterday gave notice that they will appeal to the Supreme Court from the order setting aside the homestead to the widow.

December 3, 1889

The Walkerley Estate.

 The Supreme Court yesterday rendered a decision sustaining the lower court in the matter of the Walkerley estate. This was an appeal by the executors and legatees under the will of the testator, from an order setting apart to the widow and child of the deceased a homestead. The whole of the property of the deceased was his separate property, and was of the value of $500,000 over and above the indebtedness. The homestead occupied by the family at his death was of the value of 18-000, and was indivisible. The court below set apart this homestead to the widow and child for a limited time. It was contended that that was error, for the reason that the court could pot set apart a probate homestead greater in value than $5000. The Supreme Court holds that a probate homestead is not limited in value to $5000.

December 30, 1888

Two appeals which have been before the Supreme Court in' reference to the estate of William Walkerley were considered together and the orders appealed from were amruiou. One appeal was from the monthly family allowance of $420 to the widow of the deceased, and the other was taken from an order of the Court, setting apart certain household furniture for her use. This cause having been heretofore submitted to the Court sitting in bank, and upon consideration, it appearing that a constitutional number of the Justices who heard the argument cannot agree upon a judgment it is therefore ordered that the order heretofore made submitting the case be and the same is hereby set aside and the same placed upon the calendar to be heard by the Court in bank.'

October 19th, 1889

The second annual account of the executors of the estate of William Walkerley, deceased, was filed yesterday afternoon. They have expended $20,789 67 during the year. The cash on hand is $10,275.

October 21, 1889

William Walkerley, aged two years, inherited $100,000 from his deceased father's estate. The little fellow is quite puny and may be a cripple for life. His was a posthumous birth.

October 29, 1889

Attorney Newman, husband of one of the residuary legatees of the late William Walkerley, was examining the second annual account yesterday. He says the residuary legatees will object to the allowance of $1000 to the attorney of absent heirs, and a like amount to the attorney of minor heirs, as well as other items.

February 11, 1890

John Walkerley and Betsey Newman, residuary legatees under the will of William Walkerley, deceased, have filed objections to the claim of Columbus Bartlett for $5500 for extraordinary services. They claim that as he is executor, he cannot secure fees as an attorney for the estate.

February 13, 1890

Blanche M. Walkerley, widow of William Walkerley, deceased, yesterday filed an opposition to the petition of Columbus Bartlett, one of the executors of the estate, to be allowed $5500 extra, compensation for extraordinary services to that estate.

February 15th, 1890

The absent heirs in the estate of William Walkerley, deceased, have filed objections to the claim of $5500 of Executor Columbus Bartlett for extraordinary services.

February 16, 1890

Blanche M. Walkerley, the widow of William Walkerley, is not satisfied with her family allowance of $450 a month, and has applied to the court to have it increased to $833 a month. She says that she has no property except her homestead, and avers that her minor child, the son of William Walkerley, is a helpless invalid, and will require, from this time forth, for an indefinite period, the services of a physician and a nurse. All this, she says, will be expensive, and as the estate is worth 500,000 dollars over and above all indebtedness, she believes that the sum asked for is a reasonable allowance.

25th February 1890: Daily Alta California: Eastern Shore

Walkerley, The widow of William Walkerley, is to have her family allowance increased from $420 to $833 a month, came up for hearing before Judge Greene yesterday. The executors of the estate objected to the petition of the widow, and relate that the estate is ready for distribution and might be speedily closed but for the pendency of a suit against them, wherein John Walkerley seeks to recover $5000. The case is now pending before the Supreme Court. The executors also assert that the present family allowance has been in existence for more than two years and should now cease. They are willing that the court make an order requiring them to pay Blanche Walkerley in her own right, and as guardian of her minor child, the annual allowance provided in the will of the deceased for the support and maintenance of herself and child, amounting to $110,000. The hearing of the petition was by agreement continued to next Thursday.

September 30th 1890 (San Francisco)

Jno Walkerley to B. B. Newman, blocks 72 to 75, 174 and I8O, and part of 131 and 176.outside lands 10,000 dollars

November 16th, 1890

Columbus Bartlett has applied to the court to be allowed §5250 for services as attorney to the executors of the estate of William Walkerley, deceased. Martin Bacon, Frank Barker and Columbus Bartlett were appointed executors under the will. The fees for their services will amount to 53500 each.

November 27, 1890

Martin Bacon and Columbus Bartlett, executors of the estate of William Walkerley, deceased, have brought suit against their co-executor, Frank Barker, to recover $1000 on promissory note given to Walkerley in his lifetime for money loaned.

G Schultz was sued for a value of 1758 dollars for a promissory note issued 22 06 1880, by the executors of William Walkerley on June 13, 1888 as reported by Daily Alta California

Daily Alta California Tuesday February 24th 1891

The late William Walkerley left a $700,000 estate. Court charges to the" extent of about $40,000 have already been filed, and the property is yet in process of distribution.

San Francisco Call, Volume 72, Number 68, 7 August 1892

W. WALKERLEY'S WILL.

Bill In Equity Filed to enforce a Special Trust.

A bill in equity was filed in the Superior Court yesterday at the instance of Mary S. Doughty et al., plaintiffs, against Columbus Bartlett et al., defendants, to enforce the performance of a special trust and for the accounting of the trust estate of William Walkerley, deceased, by the trustees thereof and for other purposes. The testator died testate in the county of Alameda September 16, 1887, and duly made and published his last will on June 2, 1887, and thereafter, on September 7, 1887, duly made and published a codicil to said will. The value of thee real property of the deceased was $850,000 and upward. Certain allegations are made of wrongful conversions of money belonging to the estate by the trustees and executors to their own private use and to other persons. It is asked that an order, decree or Judgment be entered to declare that the defendants, Columbus Bartlett, Martin Bacon and Frank Barker, hold in trust the property of deceased for the purposes directed by the will of deceased; that the other defendants account for the real and personal property of deceased which has come into their possession; that the sum of $20,100, received out of the estate by defendant Blanche M Walkerley, the young widow of the deceased, as family allowance in contravention of the terms of the will be adjudged to have been received as interest on $100,000 to be paid to her in semi-annual instalments during her life; that the decree of the Superior Court of Alameda County of October 22 1888, settling apart East Oakland block of land 121 to the said Blanche M. Walkerley was beyond the jurisdiction of the court and was the result of collusion, and that all orders of said court in connection with the  said estate, except the admission of the will of the deceased, be declared null and void; that the said trustees take possession of said block of laud and that the should be sold and the proceeds applied to the trust purposes as expressed in the will It is also asked that judgment be entered against the trustees for such sum or sums as may be adjudged to be due from them as executors or trustees to the trust estate and the beneficiaries under the will for the misappropriation and waste of the estate and mismanagement thereof, and that the trustees be enjoined from asking any commissions pending the litigation. The plaintiffs are nephews and nieces of the deceased.

      

 San Francisco Call, Volume 73, Number 111, 19 March 1893

MARRIED MONEY. The Romance of an Oakland Reporter. WEALTHY MRS. WALKERLEY.

A Story That Begins in a Courthouse and Winds Up at the altar.

New York, March: William F. Burbank and his bride, formerly Mrs. Blanche M. Walkerley of California, are at the Buckingham. They were married near Boston, on Tuesday. After visiting Washington and other places, they will go to Winston Salem, the twin city of North Carolina, where Burbank owns and edits a successful daily and weekly newspaper. Their engagement dates from July last.

The report that W. F. Burbank was about to become the husband of old man Walkerley's rich young widow set society agog in Oakland more than a month ago. There were a dozen other susceptible young fellows in Oakland who had tried their charms, but in vain. She favored Burbank. Their courtship began with the litigation over Walkerley's estate. Burbank, in his capacity as court reporter for the Oakland Enquirer, became smitten with Mrs. Walkerley the first time he saw her, demure and blushing, on the witness-stand. He acknowledged to his most intimate friend that he took frequent occasion to interview her, and quarrelled with his city editor when the latter objected to the favorable light in which be presented her case to the readers of the paper, and his bitter condemnation of all other litigants. He went out to her house one night merely to get an "interview for his paper," and their love-making began. He was tall, smooth-shaven, suave, polished and scrupulously dressed. He was young and so was she. In November, 1891, Burbank took a trip by steamer to Los Angeles. Among the passengers was Mrs. Walkerley. This was the time their engagement was made. Burbank returned to Oakland and sold out several shares of stock be owned in the Enquirer and started East immediately, while she remained behind to defend the contest brought against her and the other heirs by B. C. Newman, representing absent heirs. They have been corresponding ever since, and the affair culminated when Mrs. Walkerley left suddenly by arrangement three weeks ago for New York. She took the overland train from Sacramento and was escorted to the depot by Harry Allen, a warm friend of Burbank. She met Burbank in New York, and shortly after the marriage took place. Burbank is a protégé of a rich uncle in New York, and upon the latter's death will inherit almost as much as she. He went to Washington after leaving Oakland, and word came back of the wide swath he cut in society. His buggy rides with Kate Field and Mrs. Frank Leslie furnished topics for the newspaper correspondents. He was known as a society man. He is now proprietor of the Winston (N. C.) Sentinel.

The story of the litigation in which Mrs. Walkerley has been engaged is well known. She was only 22 years old when her husband, William Walkerley, forty years her senior, died in 1887, bequeathing her $200,000. She had one son by the marriage. The executors were about to get the estate settled when Newman brought his contest which caused a legal battle that so far from being ended.

Mrs. Walkerley, tired of it all and in the hope of beating Newman, filed a contest herself only a short time before leaving attacking a trust in the will which tied up $500,000 worth of property for twenty-five years. She wants the entire trust distributed to herself and minor son. It had hitherto been a fight against the widow, but she turned the tables. The contest will soon come up before Judge Greene, and in the meantime she is practically poor, having only a homestead in East Oakland, which, however, is a very fine one. It is expected that she and Burbank will soon return to Oakland. She can write poetry, is an accomplished musician, and therefore has a legion of acquaintances. She recently read an essay before a meeting of the Christian Endeavor Society of Oakland. Burbank's mother and his brother, Sam P. Burbank, a real estate agent, reside at 1604 Tenth Street. Oakland. They had not been informed of the marriage last evening.

The Morning Call, San Francisco May 23 1894

AN HEIR'S DEATH. Little Willie Walkerley leaves His Wealth.

.

Oakland. With the death of little Willie Martin Walkerley his mother, who is now Mrs. Blanche Burbank will get the $100,000 which his father, the rich William Walkerley left him when he died. Just before his death, William Walkerley was told that his wife was about to give birth to a child. He immediately added a codicil to his will bequeathing the unborn baby $100,000. He also gave to the mother the same amount.

Yesterday this child died after living a little over six years, and the mother, who has married a newspaperman named Burbank, will get the child's portion.

The boy was sickly from birth, his mind being affected. The best physicians have had charge of him, but they could do little for him. When the mother married she moved to North Carolina with her husband, who runs a country paper in that State, leaving the boy in charge of her mother and sister, Mrs. M. L. Buswell and Miss Clara Buswell, who occupy the big Walkerley homestead on the corner of Sixth-avenue and East Twentieth-street, in East Oakland. The mother was notified of the child's illness and told that he would probably die and is now on the way to the coast. The minor has been receiving $5,000 per annum as interest on his legacy, and by an account recently filed it was shown that be was paying half the household expenses in keeping up the establishment in East Oakland.

The Morning Call, San Francisco May 24 1894

DEATHS

WALKERLEY In Oakland May 22ND 1894. Willie Martin Walkerley, beloved son of Blanche M. Burbank and the late William Walkerley, a native of Oakland, aged 6 years 3 months and 8 days.

    San Francisco Call, Volume 78, Number 96, 4 September 1895

WALKERLEY TRUST VOID

The Supreme Court Says the Whole Estate Must Go to the Widow.

LAW AGAINST PERPETUATION.

Justice Henshaw's Declarations on a Principle That Affects Other Trusts.

The Supreme Court has declared the William Walkerley trust to be invalid, reversing the decision of Judge William L. Greene in the Superior Court at Oakland, and the entire estate is awarded to the testator's widow, who is now Mrs. William F. Burbank, the wife of a newspaper man at Los Angeles. The present value of the estate is nearly $1,000,000, and Mrs. Burbank will get the entire property. The principal heirs who are shut out by this decision and the amounts bequeathed to them in the will are: William Walkerley, the posthumous child, now dead, $100,000 Mrs. Blanch Walkerley-Burbank, $100,000; Andrew Rumgay, a grandnephew, $2000; Mary Windley (his sister) or her husband, $500 annually until both should die. Other heirs were: Martin Bacon, Frank Barker and John Walkerley, nephews of the deceased, residing in San Francisco; Mrs. Betsey Walkerley-Newman, niece of deceased, San Francisco; Mary S. Doughty, Jane Johnson, Jane Capes and Hannah Allison, nieces, residing in Lincolnshire, England; Ann Hollingsworth, niece, Derbyshire, England ; Mary Smith, niece, Yorkshire; Ann Smiley, niece, York; Martin Walkerley, nephew, Grimsby; John Walkerley, nephew, Brisbane, Australia; Elizabeth Binington, niece, Manchester,

England.

The law under which this decision is given is supposed to apply also to the trusts created by Senator Fair and Joseph Macdonough, and the Fair contestants are expected to make the most of it. Summing up that law, Justice Henshaw, the author of the opinion, says, all the Justices concurring: The law has seen fit to insist that the measure of the period of suspension shall be lives In being, and it will not countenance the suspension for any fixed period or term of years for the sufficient reason that during the time of such a limitation, however short, the person capable of conveying the absolute interest might die a possibility not to be endured. Bo it happens that whenever a testator, through temerity or ignorance, violates the plain mandate of the statute, as in this case, and creates a trust by which the absolute power of alienation is sought to be suspended for a term of years, he must pay the penalty of his rashness or folly in the destruction of his cherished design. The rule against perpetuity does not apply to personal property trusts. Private trusts in personal property which respect the power of alienation must be limited by private trusts in realty to lives in being, and the trusts here are consequently destroyed by the same vice which invalidated those first considered. The trusts being void, it follows as to property attempted to be devised in trust that the testator died intestate. It therefore descends to the heirs living at the time of his death. This is a complete reversal of the decision by Judge Greene. The latter upheld the will and codicil of the millionaire, which gave the widow $2400 a year and provided a trust to run twenty-five years, with Columbus Bartlett and Martin Bacon as trustees. William Walkerley the capitalist, died on September 16, 1887. He left a handsome young wife and an estate valued at about $600,000, consisting at about $5000 of personal

property, the Pacific-Union club building known as the Walkerley block, and a residence in East Oakland. Ten days after his death the will was filed, and the litigation over it has been kept up ever since.

The contest in the Oakland court brought to the rich young widow, who was an Oakland girl, her second husband, in the person of William F. Burbank. Mr. Burbank was a reporter on one of the Oakland papers. He did the work for his paper at the probate trial. Thus he became acquainted with Mrs. Walkerley and he married her about two years ago.

The child of Mr. and Mrs. Walkerley, born soon after the capitalist's death, died

last year, and the portion of the estate that would have gone to him reverts to the mother. The clause in the will that is declared by the court to have illegally established a perpetuity is as follow.- ; To sell and convey all the trust property and estate at the expiration of twenty-live years from the date of my death, and to distribute the proceeds equally among my nephews and nieces or their heirs—the descendants or heirs of any deceased nephew or niece taking collectively the share which their father or mother would take provided he or she were living; provided, that no final sale or distribution of the trust estate be made during the lifetime of my wife, Blanch M. Walkerley, but only after the expiration of twenty-five years from the date of my death and after "her death.

Upon the distribution of the proceeds of the sale of the trust estate among the parties entitled, then this trust shall cease and determine. Should any one or more of my said trustees die or resign the remaining trustees or trustee must immediately appoint some suitable person to fill the vacancy, so as to keep the number of trustees at three. .The attorneys in the case were: H.C. Firebaugh for the executors, Fred E. Whitney for absent heirs, B.B. Newman for other heirs, of which his wife is one, Rodgers & Paterson for Mrs. Walkerley. Mr. Burbank who married Mrs. Walkerley, is now one of the owners of the Los Angeles Record and be is interested in other papers. George A. Knight of Knight & Heggerty, one of the firms of attorneys interested in the Fair will contest, was seen last evening. "As a whole," he said, "we consider the decision of the Supreme Court to be rather favorable to our client, Charles Fair, and likely to have a bearing on the contest which has been begun. We have not yet had a copy of the decision made, and so cannot particularize, but the general tenor of it seems to incline our way.

"The most important item to us appears to be the temper of the court regarding

trusts created by wills. This seems to us favorable to breaking them."

That the points raised by Rodgers &Patterson, the attorneys for the widow in the

contest of the Walkerley will, have created widespread interest in the State is evidenced by the number of applications for copies of their brief, which number over 1000, since the document was filed four months ago.

  San Francisco Call, Volume 78, Number 113, 21 September 1895

THE WALKERLEY ESTATE was begun in the United States Circuit Court yesterday by the English heirs to have Barker and Hawkes removed and a receiver appointed. The estate has been in litigation for years, and after being tried in the Superior courts of Alameda and San Francisco counties and the Supreme Court of California has at last been carried into the Federal courts, and may in time reach the Supreme Court of the United States.

The suit is entitled John Walkerley, Martin Walkerley, Jane Capes, John Johnson,

Hannah Allison, Mary Smith, Annie Finley and Mary S. Doughty, residents of

Great Britain, vs. Frank Barker, Harry I. Hawkes and Columbus Waterhouse, trustees of the will of the late William Walkerley; Mary E. Bacon and Harry D. Hawkes as the executors of the last will of Martin Bacon, a deceased trustee under the last will of William Walkerley, and William K. Bacon, Mary L. Bacon, Lizzie M. Bacon, Annie M. Bacon, Mabel B. Hainan, Frank Barker and Betsy Walkerley Newman. The property in dispute is the Walkerley block

Stockton streets, and which is now occupied by the Pacific Union Club.

The complaint made is a very long one. In it the trustees are charged with having neglected the property placed in their keeping and through mismanagement allowing it to go to waste and ruin. It also asserts that the trustees, one and all, converted much of the funds of the estate to their own personal use.

A fair sample of the charges made is the following: "They only pretended to carry out their trust. They had no authority to take possession of the Walkerley estate in this City or the residence of the deceased in Oakland; yet, without warrant or authority, they took possession of both, disregarding the trust made in them."

Other charges of a similar nature are made and then the complainants ask that a receiver be appointed for the estate and that Trustees Barker and Hawkes be removed. They also demand an accounting and ask that the defendants be compelled to turn over to the court all the funds of the estate now in their possession. William Walkerley died on the 16th of September, 1887, leaving an estate valued at $700,000. The plaintiffs in the case were his nieces and nephews, and it is they who 1 have been fighting the trustees for the past seven years. It is said that when the case comes to trial it will become very interesting, as Mrs. W. J. Burbank, who was the dead millionaire's wife, is going to take a hand in the action. She evidently thinks that her interests are suffering and that she should do something in the matter. All the papers in the case have now been served, and when the action comes to trial some interesting developments are promised.

San Francisco Call, Volume 79, Number 24, 24 December 1895

MRS. BURBANK WINS.

Failure of the Suit of the British Walkerley Heirs in the United States Circuit Court.

By the action of the United States Circuit Court yesterday Mrs. William F. Burbank of Oakland,' widow of the late William Walkerley, is made secure in her possession of her dead husband's estate. A short time ago several British heirs made an effort, by filing an "action in this court, to set aside the California Supreme Court decision and to have the trust, which the State court had declared void, carried out. The suit was brought against Columbus Bartlett, Frank Barker and Martin Bacon to compel a specific performance of the trust. The State Supreme Court had declared the trust void on the ground that the designation of a period of time conflicted with the California statute and, in effect, might defeat the very purpose of the testator. The Federal court agreed with the State court in regretting that the expressed wishes of Walkerley could not be carried out. United States Circuit Court Judge Beatty rendered the decree yesterday which put an end to the litigation. He simply found for the defendants and dismissed the bill, basing his action on the position token by the State Supreme Court. The Walkerley estate included the Pacific-Union Club property on Post and Stockton streets.

San Francisco Call, Volume 85, Number 127, 6 April 1899

Deaths

NEWMAN—In this city, April 4. 1899, at 1 o'clock a. m. Betsy Walkerley Newman,

niece of the late Martin and William Walkerley, a native of Lincolnshire. England.

"The funeral will take place this day (Thursday), at 1 o'clock, from her late residence, 2115 1/2 Howard street. Interment private.

Walkerley, Martin ... died in 1884 ... age 56 ... 1884D-5281

Vital Records for 1869-1900

Walkerley, Betsy ... married in 1873 to Newman, B.B. ... 1873M-3008

Walkerley, Willie Martin ... died in 1894 ... age 6 ... 1894D-5789

Walkerley, William ... died in 1887 ... age 69 ... 1887D-4576

Walkerley, Willie Martin ... died in 1894 ... age 6 ... 1894D-5789

 

 William Walkerley's Tomb at Mountain View Cemetery, Oakland, California. http://mountainviewpeople.blogspot.co.uk/2007/09/william-walkerley-1818-1887.html

The plaque inside:

 Chinese Camp & The Walkerley Brothers

From the beginning the town maintained excellent stores. Mr. Buck (forerunner of Hedges and Buck of Stockton) managed a business there, as did also at various times, Thomas McAdams; the Gamble family; Brock and Blake; Wass, Veader and Cutler; C. O. Drew; Charles B. Cutting, and Mr. Rosenblohm. At least as early as 1850 the Walkerley Brothers, William and Martin, owned and operated a general store housed in a substantial brick building. A nephew and namesake, Martin Bacon, came from England at the age of seventeen; served in the Civil War and then came to Chinese Camp to help out in the business which he later took over. He married Mary Elizabeth Shepley, daughter of Robert Shepley who arrived in ’52 and took up land east of the town. Martin Bacon became a very active citizen, serving as a banker and also as treasurer for the Yosemite Turnpike Road Company when that organization was founded, but left the mountains about 1876 to go into the stock and bond business in San Francisco. (See more below)

 http://www.yosemite.ca.us/library/big_oak_flat_road/chinese_camp.html

So there you have it, a great story, the actual events happened 3 years later than written above, and the ending was somewhat different, but most likely the person who told the story to Peter Chapman wasn't aware of all the facts either.