Los Angeles Herald, June 18, 1909, Page 3, Image 3, Column 1 -
Capitalist's Wife Is Ill
YOSEMITE, Cal., June 17.-Mrs. Henry A. Butters of Piedmont, Alameda County, the wife of the well known capitalist, is critically ill of pneumonia at Camp Ahwahnee, Yosemite Valley, and is not expected to live through the night. She was taken ill two days ago and her condition rapidly grew worse. Her daughter, Miss Marguerite Butters, is at Merced on her way to her mother's bedside.
San Francisco Call, Friday, June 18, 1909, Page 16, Image 16, Column 1 -
MRS. HENRY A. BUTTERS
VERY ILL IN YOSEMITE
---
Wife of Late Railroad Magnate
Stricken With Pneumonia
Mrs. Henry A. Butters, widow of the late railroad promoter, is dangerously ill of pneumonia at Camp Ahwahnee, Yosemite Valley, according to advices received from this city yesterday.
Miss Marguerite Butters yesterday reached Merced on her way to her mother's bedside. J. Paulding Edwards, a son of Mrs. Butters, left last night with Dr. Herbert C. Moffitt of this city for Yosemite.
Mrs. Butters, whose palatial home is located in Piedmont, Oakland, recently left for a pleasure trip to Yosemite. She was taken ill with pneumonia the first part of this week and reports from her bedside yesterday were such as to cause great alarm. One telegram was to the effect that she was not expected to live throughout the night, but Dr. Moffitt received word from Ahwahnee that while the condition of Mrs. Butters was serious it was not necessarily fatal.
Los Angeles Herald, Saturday, June 19, 1909, Page 3, Image 3, Column 7 -
Woman May Recover
YOSEMITE, June 18.-The condition of Mrs. Henry Butters, widow of the Piedmont millionaire, who is seriously ill of pneumonia at one of the local camps, was reported as slightly improved this morning. Her temperature is lower as the result of a favorable night and the attending physicians are now sanguine of her ultimate recovery.
San Francisco Call, Saturday, June 19, 1909, Page 15, Image 15, Column 3 -
NO IMPROVEMENT
FOR MRS. BUTTERS
---
Dr. Herbert Moffitt Says Everything
Has Been Done to
Relieve Her
---
OAKLAND, June 18.-Word was received tonight from Yosemite by friends of Mrs. Henry A. Butters that her condition showed no special change.
Dr. Herbert C. Moffitt, after his arrival at the valley, said that everything had been done that could have been done for the patient. Mrs. Butters caught a severe cold Sunday, which developed Tuesday into pneumonia. It is not expected that the crisis will be reached for several days. Meanwhile the patient is being given every attention which medical skill can devise.
Los Angeles Herald, Sunday, June 20, 1909, Page 4, Image 16, Column 3 -
Condition Unchanged
YOSEMITE, Cal., June 19.-Physicians in attendance upon Mrs. Henry A. Butters, a widow of the late millionaire mining man, who is critically ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Sunday, June 20, 1909, Page 20, Image 20, Column 1 -
MRS. HENRY A. BUTTERS'
CONDITION UNCHANGED
---
Doctors Expect Several Days to
Elapse Before Crisis Passes
YOSEMITE, June 19.-Physicians in attendance upon Mrs. Henry A. Butters, widow of the late millionaire mining man, who is dangerously ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Volume 106, Number 21, Monday, June 21, 1909, Page 10, Column 1 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul tomorrow (Tuesday) morning, June 22, 1909, at 10 o'clock at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Interment private.
San Francisco Call, Monday, June 21, 1909, Page 7, Image 7, Column 5 -
MRS. HENRY BUTTERS
DIES OF PNEUMONIA
---
Succumbs Within Week to
Disease Contracted in
the Yosemite
---
Relatives at Bedside as Well
Known Woman Peacefully
Breathes Last
---
YOSEMITE, June 20.-Mrs. Lucie Beebe [Beebee] Butters, relict of Henry A. Butters, the Oakland capitalist, and a prominent figure in Oakland society, died here today of pneumonia, with which she was stricken a week ago while in the valley on a pleasure trip. The body was shipped to Oakland tonight, and the funeral will be from the Butters home Tuesday.
Every possible effort was made to save Mrs. Butters' life, but she had been gradually sinking ever since she was stricken, and the progress of the disease could not be checked.
Not Unexpected
OAKLAND, June 20.-Mrs. Butters' death was not unexpected in Oakland, as during the last 24 hours she had weakened perceptibly, the heart action diminishing steadily.
Every possible attention was given the patient. When her condition came alarming, Dr. Herbert C. Moffitt went from San Francisco. But her age told upon Mrs. Butters and, she was unable to withstand the severity of the attack.
Mrs. Butters' friends in Oakland were advised of her death today, the further announcement being made that the members of the family would return with the remains, arriving at o'clock tomorrow morning.
Early in the month Mrs. Butters accompanied by, Mrs. R. Augustus Bray, Henry A. Butters Jr. and Miss Marguerite Butters, three of her children, went to the valley for a summer outing.
Last Sunday Mrs. Butters contracted a severe cold after visiting Nevada falls. Tuesday symptoms of a severe attack of pneumonia developed. Nurses and army physicians at the valley took charge of the patient. Her condition grew serious and her son, David Edwards, went with Dr. Moffitt to her bedside. Miss Marie Butters, who had been visiting at Chico, also hastened to the valley.
As Miss Lucie Beebee, Mrs. Butters was a belle of San Francisco years ago. At the age of 17 years she married David Edwards. Her second marriage, following Edwards's death, was with Captain Sangtella, a prominent figure in San Francisco marine circles. Her marriage with Henry A. Butters took place about 17 years ago. Some time before his death last winter they had separated. Butters had given to his wife property said to be worth $250,000 or more, including the family mansion, Alta Vista, at Piedmont.
WAS SOCIAL LEADER
Mrs. Butters was a lavish entertainer, her home having been for years the scene of much social activity, especially after the coming out of her daughters, Marie and Marguerite.
There are eight surviving children by Mrs. Butter's three marriages. They are: Will Edwards, now in the east; David Edwards, who was Henry Butters' private secretary; J. Paulding Edwards, with the Northern Electric railway at Chico; Mrs. R. Augustus Bray, Mrs. Georgiana B. Cook, Marie Sangtella Butters, Marguerite Sangtella Butters and Henry A. Butters.
Both Marie and Marguerite Butters were legally adopted by their stepfather, Henry A. Butters, years ago. Paulding Edwards married Miss Dolly Tarpey, a daughter of Mr. and Mrs. M. F. Tarpey.
Marie Butters is the fiancee of Victor N. Metcalf, son of former Secretary of the Navy, Victor H. Metcalf.
One daughter, Martha, in secular life, died a nun, Sister Mary Benedicta of the Holy Names. Mrs. Butters was a native of St. Louis, Mo. A solemn requiem high mass will be celebrated for the repose of her soul Tuesday morning, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets.
San Francisco Call, Volume 106, Number 22, Tuesday, June 22, 1909, Page 11, Column 2 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul this (Tuesday) morning, June 22, 1909, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Internment private.
San Francisco Call, Tuesday, June 22, 1909, Page 8, Image 8, Column 6 -
MRS. LUCIE BUTTERS'
BODY BROUGHT HOME
---
Four Children Accompany
Remains From Yosemite Valley
OAKLAND, June 21.-Accompanied by four of her children, Mrs. Lucie Beebee Butters' remains were brought home today from the Yosemite Valley, where the relict of Henry A. Butters, the mining and railroad man, died yesterday morning. The body was taken to Alta Vista, the Butters' Piedmont residence. Services will be held Tuesday morning at 10 o'clock at St. Francis de Sales church, Grove and Hobart streets. The interment will be private.
San Francisco Call, Thursday, June 24, 1909, Page 3, Image 3, Column 1 -
DIVORCED MEN
EXCLUDED BY
MOTHER'S WILL
---
Daughter of Mrs. Butters Will
Lose Income Should She
Remarry Husband
---
Unusual Restriction Made in
Testament Which Names Son
as Chief Beneficiary
---
OAKLAND, June 23-If Mrs. Georgiana Cook, daughter of the late Mrs. Lucie Beebe Butters, widow of Henry Butters, the deceased millionaire, marries any divorced man, even if she remarries her divorced husband, Dr. Channing Cook, the $150 monthly allowance provided for her in her mother's will terminates. The will was filed for probate in the Alameda County superior court today, and then it developed that Mrs. Cook's mother would restrict her choice of a second husband to a bachelor or a man whose wife is dead.
Even that limitation, which is made in the codicil of the will, is less drastic than the original provisions made by Mrs. Butters in the will which was dated March 5, 1908. The will provided that in the event of Mrs. Cook's remarriage, under any circumstances, the monthly allowance of $150 should cease. A more lenient arrangement was later made. Mrs. Cook has been divorced from her husband for several years.
Most of the estate is left in trust, Henry A. Butters, Jr., being the principal beneficiary. Incomes were provided for the other seven children.
Only a few bequests were made outside of the trust. The sisters of the Holy Name of Oakland are given one legacy of $1,000 and another of $500, the latter being "for what I deem an educational indebtedness." A legacy of $1,000 is also made to the Community of the Sisters of the Holy Name, of which Mrs. Butters' daughter, Sister Mary Benedicta, was a member.
TRUSTEES AND EXECUTORS
David Edwards, a son, R. A. Bray, a son in law. Dr. Alexander Garceau and J. C. McKinstry are named trustees and executors. Alta Vista, the Piedmont home of the Butters family, is left for life to the husband of the deceased, Henry A. Butters, to go on his death to Henry A. Butters Jr. As the father is now dead, having died several months ago, the younger Butters will inherit the home, as well as the antique brass and furniture in it. The will bears date March 5, 1908.
MONTHLY ALLOWANCES
The will provides for the following monthly allowances under the trust:
Georgiana B. Cook, a daughter, $150; William B. Edwards, a son, $50 for life; Mrs. Lucy Bray, daughter, for life $50, but in case her husband dies $100, the amount to go on her death to her children, or, in default of them, to Lucile B. Cook, daughter of Georgiana B. Cook; David S. Edwards, son, $l00 for life, and at his death to his daughter, Elizabeth; Marie Butters and Marguerite Butters, daughters, $100 each for life, then to their children, and in default of such, to Henry A. Butters Jr.; Joseph Paulding Edwards, son, $50 for life, then to his children; Georgiana Schell, sister, $50 for life, then to her daughter, Georgiana F. Gimmoraiez, and on her death to the latter's daughter, Beatrice; Ada English, friend, $25 for life; Emma Carey, "dear friend and servitor" $25 for life; mother superior of Providence hospital, for the care of some poor person, $50; Fabiola hospital, for the poor, $25; Rev. Father McSweeney of St. Frances de Sales church and his successors, $50.
A third of the monthly income is left by the will to Henry A. Butters, husband of the deceased. The residue of the income, which will now include this third, as Butters is dead, is left to Henry A. Butters Jr. The will provides that he is to be made sole trustee when he reaches the age of 35.
The trust is to terminate at the death of the last survivor among the beneficiaries, leaving out Henry A. Butters Jr., who is then to be made residuary legatee. Provision is made that if the court will allow it Providence hospital and St. Francis de Sales church may take $10,000 instead of the monthly allowance, and that Fabiola hospital may receive $5,000 in the same way.
San Francisco Call, Volume 106, Number 40, Saturday, July 10, 1909, Page 20, Column 1 -
PLAN CONTEST
OF THE WILL OF
MRS. BUTTER
---
Children Ready to Attack the
Provision Which Favors
Capitalist's Son
---
Story That Spencer's Daughter
Received Magnificent Gift
Is Denied
---
OAKLAND, July 9-Children of Mrs. Lucie Beebe Butters, wife of the late Henry A. Butters, president of the Northern electric railway company and prominent capitalist, have decided to contest their mother's will, which left the bulk of her fortune to her son and only child by the Butters marriage, Henry A. Butters Jr.
The first move in the struggle to break the trust and bring into the glare of publicity the disturbances, domestic and otherwise, which separated Butters and his wife, was made today.
That the contest was impending became public when Attorney J. C. McKinstry, representing the executors, consented to a continuance for two weeks of the hearing on the probate of the will, indicating that something was in the air. McKinstry consented to the postponement on the request of the Oakland law firm of Reed, Black & Reed, who have been retained to conduct the fight to smash the will.
READY TO BEGIN BATTLE
That dissatisfaction as to the terms of Mrs. Butters' will existed among her children has been known by some of their intimates. None of them by her two marriages prior to that with Butters was given cash or other property outright. They were provided with annuities from a trust, so arranged that it virtually was perpetual. The bulk of her fortune, as in the case of her husband's will, went to young Henry Butters. Within 10 days the contest will have been filed. While it has not been definitely decided as to the selection of the contestants, one of Mrs. Butters' children, William B. Edwards, has given instructions that the battle against the will shall go forward and the attorneys are ready to proceed.
With the announcement of contest follows a story involving Henry A. Butters' fortunes. According to this story Jule Spencer, daughter of Dennis Spencer, the prominent democratic politician and lawyer of Napa, was the recipient of a handsome fortune from Henry Butters before his death last winter at Berkeley. Miss Spencer was the railway president's confidential stenographer. It was said that she was given $100,000 worth of securities by her employer. The tale runs that after Butters' death this gift was disclosed and that former Judge C. W. Slack of San Francisco, an executor with Charles Butters of the will, claimed the collateral for the estate on the ground that transfer had never been made on the books of the corporation. It was said that negotiations were opened which led to the surrender Miss Spencer of half of the collateral.
APPRECIATED HER ABILITY
Miss Spencer married soon after the death of Butters. She is now the wife of Mano Zann, representative of the Meese & Gottfried Company of San Francisco, at Los Angeles, where the Zanns live. Mrs. Zann is a stately beauty of the brunette type. Intelligent and of keen business ability, she proved an invaluable assistant to Butters. That he appreciated her was not denied. Miss Spencer remained in attendance upon her employer up to the time of his death. Butters spent many days at the home of his mother, Mrs. S. L. Butters, in Berkeley, where his death occurred last October.
William B. Edwards said tonight:
"My stepfather denied positively to my mother of making any gifts of value or otherwise to Miss Spencer. She was his stenographer and confidential clerk, and at his death in that capacity she may have had documents of value in her desk which belonged to Mr. Butters. If that were so she readily surrendered them when demand was made on her by the executors of the estate. Such a contingency may have given rise to the story that she had been a beneficiary in substantiality at the hands of my stepfather."
"The trouble between my mother and Mr. Butters, which caused their separation, was due to a disagreement over financial matters. She did not think it wise to entrust him with all of her property when he was so heavily involved in Northern Electric. He was imperious and under a great nervous strain, hence the separation. I can say positively that this and nothing else caused the difficulties which resulted in my stepfather going to his mother's home. There was absolutely no friction on personal grounds. Mr. Butters' positive assurance that he had not showered favors upon Miss Spencer was not doubted in the least by my mother. She knew that his word on that subject or any other was good, beyond question, and, after he had given it, the subject was eliminated."
VALUE OF ESTATE IN DOUBT
Edwards refused to confirm the report of the prospective contest, but admitted that steps had been taken to discover if there was sufficient in his mother's estate to carry out the provisions of her will.
Just what is the value of Henry Butters' estate is doubtful. His investments were centered toward the close of his long career in the Northern Electric railway. Everything upon which he could raise money went into a big pool to construct that road, opening now between Chico and Sacramento. Toward the end, the financial stress of two years ago seriously affected his interests. It was his great anxiety to raise funds which led in large measure to the separation of Butters and his wife.
Several years ago, in affluent days, he deeded outright to her several, hundred thousand dollars' worth of real estate, among it the family mansion and grounds, Alta Vista, at Piedmont. Also Butters conveyed fine income property in San Pablo Avenue, this city. Desiring to realize cash to further his railway investments, Butters tried to persuade his wife to reconvey the property to him. Quarrels and the separation followed her refusal. It is this property which forms Mrs. Butters' estate over which her children are preparing to contest.
GROUND OF CONTEST
That the will is to be contested on the principal ground of Mrs. Butters' alleged mental incapacity is likely in view of the conditions which she imposed upon several of her bequests. Among the most noteworthy was one in the original document, directing that her daughter's, Mrs. Georgiana Cook, allowance of $150 a month should be cut off if she should remarry Dr. Channing Cook, from whom she was divorced. A codicil made this even stronger, and provided that Mrs. Cook's annuity should cease if she married Cook or any other divorced, man.
Mrs. Butters provided as follows for her other children:
William B. Edwards, son, $50 a month; Mrs. R. A. Bray, daughter, $50 a month, during her husband's lifetime, and $100 afterward; David S. Edwards, son, $100 a month; Marie Butters, daughter, legally adopted by Henry A. Butters, $100 a month; Marguerite Butters, daughter, also legally adopted by Henry A. Butters, $100 a month; Joseph Paulding Edwards, $50 a month, residue of estate to Henry A. Butters Jr., son.
Other bequests were made to the sisters of the Holy Names, Sacred Heart convent, Providence hospital and Fabiola hospital, covering annuities of $1,500, or in lieu, $25,000 in cash. Provision was made for $50 a month to Mrs. Georgiana Schell, a sister, who since died, and $25 a month to Ada English a friend.
DID NOT CHANGE WILL
In spite of the domestic troubles, Mrs. Butters allowed to stand in her will a devise to her husband of "Alta Vista" for life, the place then to go to their son, Henry A. Jr. This was not changed after her husband's death. The will was made March 5, 1908.
Mrs. Butters' estate is estimated to be worth between $200,000 and $300,000, including Alta Vista, which is not income producing. To effect payment of the various allowances Mrs. Butters caused a trust to be created, which should not cease until the death of all of her children, their children and the other personal beneficiaries of the will. She also provided that if any of the bequests should be invalidated, her son Henry A. Butters Jr. should receive the remainder.
In view of the prospective battle, interesting side lights are thrown upon the family history of the Butter. Henry Butters began life in Oakland as a newsboy. His family lived in the lower part of the city, now covered by Chinatown. Butters grew to manhood and became interested in mining. He accumulated a competency in Colorado, went to South Africa and amassed a considerable fortune.
CAREER OF MRS. BUTTERS
He married Mrs. Butters in 1891 at Denver. She was born in St. Louis, Mo., but spent her early years in New York State. Her first husband was Captain W. S. Edwards of the United States coast and geodetic survey, who died in 1880. Two years later she married Captain Louis A. Sangteller, her husband's life long friend. He died six years later.
Issue of the three marriages were nine children, all of whom survive, except Sister Mary Benedicta (Martha Edwards).
Butters and his wife came to Oakland and established themselves at Alta Vista, the scene of much social life. After his return Butters invested in Oakland real estate, attending to his many business affairs, and finally launching the Northern electric railway company project. He carried this along until the financial troubles of 1907-08, when the pressure forced him to seek every possible avenues of recuperation. His worries caused a serious attack of nervous prostration, which culminated in his death.
Butters' wife died in Yosemite Valley June 20, from pneumonia, following a cold contracted during a trip to Nevada falls.
APPOINTED GUARDIANS
Mrs. R. A. E. Bray and David S. Edwards were appointed guardians of Henry A. Butters Jr., by Judge Wells today, in order to look out for his interests in the estate of his father and of his mother, as their petition recited. Bonds were fixed and given for $5,000 each in the guardianship. The special letters were issued owing to the absence in Europe of Dr. Alexander Garceau, who was named with the other two as executors and trustees of the will. Attorney J. C. McKinstry informed the court that immediate care must be given the property interests involved as rents and incomes had to be collected.
McKinstry asked a two weeks' continuance when the clerk called for the hearing on admission of Mrs. Butters' will to probate. He said that he had intimation that a contest was being planned and desired delay on that ground. The motion was granted.
Capitalist's Wife Is Ill
YOSEMITE, Cal., June 17.-Mrs. Henry A. Butters of Piedmont, Alameda County, the wife of the well known capitalist, is critically ill of pneumonia at Camp Ahwahnee, Yosemite Valley, and is not expected to live through the night. She was taken ill two days ago and her condition rapidly grew worse. Her daughter, Miss Marguerite Butters, is at Merced on her way to her mother's bedside.
San Francisco Call, Friday, June 18, 1909, Page 16, Image 16, Column 1 -
MRS. HENRY A. BUTTERS
VERY ILL IN YOSEMITE
---
Wife of Late Railroad Magnate
Stricken With Pneumonia
Mrs. Henry A. Butters, widow of the late railroad promoter, is dangerously ill of pneumonia at Camp Ahwahnee, Yosemite Valley, according to advices received from this city yesterday.
Miss Marguerite Butters yesterday reached Merced on her way to her mother's bedside. J. Paulding Edwards, a son of Mrs. Butters, left last night with Dr. Herbert C. Moffitt of this city for Yosemite.
Mrs. Butters, whose palatial home is located in Piedmont, Oakland, recently left for a pleasure trip to Yosemite. She was taken ill with pneumonia the first part of this week and reports from her bedside yesterday were such as to cause great alarm. One telegram was to the effect that she was not expected to live throughout the night, but Dr. Moffitt received word from Ahwahnee that while the condition of Mrs. Butters was serious it was not necessarily fatal.
Los Angeles Herald, Saturday, June 19, 1909, Page 3, Image 3, Column 7 -
Woman May Recover
YOSEMITE, June 18.-The condition of Mrs. Henry Butters, widow of the Piedmont millionaire, who is seriously ill of pneumonia at one of the local camps, was reported as slightly improved this morning. Her temperature is lower as the result of a favorable night and the attending physicians are now sanguine of her ultimate recovery.
San Francisco Call, Saturday, June 19, 1909, Page 15, Image 15, Column 3 -
NO IMPROVEMENT
FOR MRS. BUTTERS
---
Dr. Herbert Moffitt Says Everything
Has Been Done to
Relieve Her
---
OAKLAND, June 18.-Word was received tonight from Yosemite by friends of Mrs. Henry A. Butters that her condition showed no special change.
Dr. Herbert C. Moffitt, after his arrival at the valley, said that everything had been done that could have been done for the patient. Mrs. Butters caught a severe cold Sunday, which developed Tuesday into pneumonia. It is not expected that the crisis will be reached for several days. Meanwhile the patient is being given every attention which medical skill can devise.
Los Angeles Herald, Sunday, June 20, 1909, Page 4, Image 16, Column 3 -
Condition Unchanged
YOSEMITE, Cal., June 19.-Physicians in attendance upon Mrs. Henry A. Butters, a widow of the late millionaire mining man, who is critically ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Sunday, June 20, 1909, Page 20, Image 20, Column 1 -
MRS. HENRY A. BUTTERS'
CONDITION UNCHANGED
---
Doctors Expect Several Days to
Elapse Before Crisis Passes
YOSEMITE, June 19.-Physicians in attendance upon Mrs. Henry A. Butters, widow of the late millionaire mining man, who is dangerously ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Volume 106, Number 21, Monday, June 21, 1909, Page 10, Column 1 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul tomorrow (Tuesday) morning, June 22, 1909, at 10 o'clock at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Interment private.
San Francisco Call, Monday, June 21, 1909, Page 7, Image 7, Column 5 -
MRS. HENRY BUTTERS
DIES OF PNEUMONIA
---
Succumbs Within Week to
Disease Contracted in
the Yosemite
---
Relatives at Bedside as Well
Known Woman Peacefully
Breathes Last
---
YOSEMITE, June 20.-Mrs. Lucie Beebe [Beebee] Butters, relict of Henry A. Butters, the Oakland capitalist, and a prominent figure in Oakland society, died here today of pneumonia, with which she was stricken a week ago while in the valley on a pleasure trip. The body was shipped to Oakland tonight, and the funeral will be from the Butters home Tuesday.
Every possible effort was made to save Mrs. Butters' life, but she had been gradually sinking ever since she was stricken, and the progress of the disease could not be checked.
Not Unexpected
OAKLAND, June 20.-Mrs. Butters' death was not unexpected in Oakland, as during the last 24 hours she had weakened perceptibly, the heart action diminishing steadily.
Every possible attention was given the patient. When her condition came alarming, Dr. Herbert C. Moffitt went from San Francisco. But her age told upon Mrs. Butters and, she was unable to withstand the severity of the attack.
Mrs. Butters' friends in Oakland were advised of her death today, the further announcement being made that the members of the family would return with the remains, arriving at o'clock tomorrow morning.
Early in the month Mrs. Butters accompanied by, Mrs. R. Augustus Bray, Henry A. Butters Jr. and Miss Marguerite Butters, three of her children, went to the valley for a summer outing.
Last Sunday Mrs. Butters contracted a severe cold after visiting Nevada falls. Tuesday symptoms of a severe attack of pneumonia developed. Nurses and army physicians at the valley took charge of the patient. Her condition grew serious and her son, David Edwards, went with Dr. Moffitt to her bedside. Miss Marie Butters, who had been visiting at Chico, also hastened to the valley.
As Miss Lucie Beebee, Mrs. Butters was a belle of San Francisco years ago. At the age of 17 years she married David Edwards. Her second marriage, following Edwards's death, was with Captain Sangtella, a prominent figure in San Francisco marine circles. Her marriage with Henry A. Butters took place about 17 years ago. Some time before his death last winter they had separated. Butters had given to his wife property said to be worth $250,000 or more, including the family mansion, Alta Vista, at Piedmont.
WAS SOCIAL LEADER
Mrs. Butters was a lavish entertainer, her home having been for years the scene of much social activity, especially after the coming out of her daughters, Marie and Marguerite.
There are eight surviving children by Mrs. Butter's three marriages. They are: Will Edwards, now in the east; David Edwards, who was Henry Butters' private secretary; J. Paulding Edwards, with the Northern Electric railway at Chico; Mrs. R. Augustus Bray, Mrs. Georgiana B. Cook, Marie Sangtella Butters, Marguerite Sangtella Butters and Henry A. Butters.
Both Marie and Marguerite Butters were legally adopted by their stepfather, Henry A. Butters, years ago. Paulding Edwards married Miss Dolly Tarpey, a daughter of Mr. and Mrs. M. F. Tarpey.
Marie Butters is the fiancee of Victor N. Metcalf, son of former Secretary of the Navy, Victor H. Metcalf.
One daughter, Martha, in secular life, died a nun, Sister Mary Benedicta of the Holy Names. Mrs. Butters was a native of St. Louis, Mo. A solemn requiem high mass will be celebrated for the repose of her soul Tuesday morning, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets.
San Francisco Call, Volume 106, Number 22, Tuesday, June 22, 1909, Page 11, Column 2 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul this (Tuesday) morning, June 22, 1909, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Internment private.
San Francisco Call, Tuesday, June 22, 1909, Page 8, Image 8, Column 6 -
MRS. LUCIE BUTTERS'
BODY BROUGHT HOME
---
Four Children Accompany
Remains From Yosemite Valley
OAKLAND, June 21.-Accompanied by four of her children, Mrs. Lucie Beebee Butters' remains were brought home today from the Yosemite Valley, where the relict of Henry A. Butters, the mining and railroad man, died yesterday morning. The body was taken to Alta Vista, the Butters' Piedmont residence. Services will be held Tuesday morning at 10 o'clock at St. Francis de Sales church, Grove and Hobart streets. The interment will be private.
San Francisco Call, Thursday, June 24, 1909, Page 3, Image 3, Column 1 -
DIVORCED MEN
EXCLUDED BY
MOTHER'S WILL
---
Daughter of Mrs. Butters Will
Lose Income Should She
Remarry Husband
---
Unusual Restriction Made in
Testament Which Names Son
as Chief Beneficiary
---
OAKLAND, June 23-If Mrs. Georgiana Cook, daughter of the late Mrs. Lucie Beebe Butters, widow of Henry Butters, the deceased millionaire, marries any divorced man, even if she remarries her divorced husband, Dr. Channing Cook, the $150 monthly allowance provided for her in her mother's will terminates. The will was filed for probate in the Alameda County superior court today, and then it developed that Mrs. Cook's mother would restrict her choice of a second husband to a bachelor or a man whose wife is dead.
Even that limitation, which is made in the codicil of the will, is less drastic than the original provisions made by Mrs. Butters in the will which was dated March 5, 1908. The will provided that in the event of Mrs. Cook's remarriage, under any circumstances, the monthly allowance of $150 should cease. A more lenient arrangement was later made. Mrs. Cook has been divorced from her husband for several years.
Most of the estate is left in trust, Henry A. Butters, Jr., being the principal beneficiary. Incomes were provided for the other seven children.
Only a few bequests were made outside of the trust. The sisters of the Holy Name of Oakland are given one legacy of $1,000 and another of $500, the latter being "for what I deem an educational indebtedness." A legacy of $1,000 is also made to the Community of the Sisters of the Holy Name, of which Mrs. Butters' daughter, Sister Mary Benedicta, was a member.
TRUSTEES AND EXECUTORS
David Edwards, a son, R. A. Bray, a son in law. Dr. Alexander Garceau and J. C. McKinstry are named trustees and executors. Alta Vista, the Piedmont home of the Butters family, is left for life to the husband of the deceased, Henry A. Butters, to go on his death to Henry A. Butters Jr. As the father is now dead, having died several months ago, the younger Butters will inherit the home, as well as the antique brass and furniture in it. The will bears date March 5, 1908.
MONTHLY ALLOWANCES
The will provides for the following monthly allowances under the trust:
Georgiana B. Cook, a daughter, $150; William B. Edwards, a son, $50 for life; Mrs. Lucy Bray, daughter, for life $50, but in case her husband dies $100, the amount to go on her death to her children, or, in default of them, to Lucile B. Cook, daughter of Georgiana B. Cook; David S. Edwards, son, $l00 for life, and at his death to his daughter, Elizabeth; Marie Butters and Marguerite Butters, daughters, $100 each for life, then to their children, and in default of such, to Henry A. Butters Jr.; Joseph Paulding Edwards, son, $50 for life, then to his children; Georgiana Schell, sister, $50 for life, then to her daughter, Georgiana F. Gimmoraiez, and on her death to the latter's daughter, Beatrice; Ada English, friend, $25 for life; Emma Carey, "dear friend and servitor" $25 for life; mother superior of Providence hospital, for the care of some poor person, $50; Fabiola hospital, for the poor, $25; Rev. Father McSweeney of St. Frances de Sales church and his successors, $50.
A third of the monthly income is left by the will to Henry A. Butters, husband of the deceased. The residue of the income, which will now include this third, as Butters is dead, is left to Henry A. Butters Jr. The will provides that he is to be made sole trustee when he reaches the age of 35.
The trust is to terminate at the death of the last survivor among the beneficiaries, leaving out Henry A. Butters Jr., who is then to be made residuary legatee. Provision is made that if the court will allow it Providence hospital and St. Francis de Sales church may take $10,000 instead of the monthly allowance, and that Fabiola hospital may receive $5,000 in the same way.
San Francisco Call, Volume 106, Number 40, Saturday, July 10, 1909, Page 20, Column 1 -
PLAN CONTEST
OF THE WILL OF
MRS. BUTTER
---
Children Ready to Attack the
Provision Which Favors
Capitalist's Son
---
Story That Spencer's Daughter
Received Magnificent Gift
Is Denied
---
OAKLAND, July 9-Children of Mrs. Lucie Beebe Butters, wife of the late Henry A. Butters, president of the Northern electric railway company and prominent capitalist, have decided to contest their mother's will, which left the bulk of her fortune to her son and only child by the Butters marriage, Henry A. Butters Jr.
The first move in the struggle to break the trust and bring into the glare of publicity the disturbances, domestic and otherwise, which separated Butters and his wife, was made today.
That the contest was impending became public when Attorney J. C. McKinstry, representing the executors, consented to a continuance for two weeks of the hearing on the probate of the will, indicating that something was in the air. McKinstry consented to the postponement on the request of the Oakland law firm of Reed, Black & Reed, who have been retained to conduct the fight to smash the will.
READY TO BEGIN BATTLE
That dissatisfaction as to the terms of Mrs. Butters' will existed among her children has been known by some of their intimates. None of them by her two marriages prior to that with Butters was given cash or other property outright. They were provided with annuities from a trust, so arranged that it virtually was perpetual. The bulk of her fortune, as in the case of her husband's will, went to young Henry Butters. Within 10 days the contest will have been filed. While it has not been definitely decided as to the selection of the contestants, one of Mrs. Butters' children, William B. Edwards, has given instructions that the battle against the will shall go forward and the attorneys are ready to proceed.
With the announcement of contest follows a story involving Henry A. Butters' fortunes. According to this story Jule Spencer, daughter of Dennis Spencer, the prominent democratic politician and lawyer of Napa, was the recipient of a handsome fortune from Henry Butters before his death last winter at Berkeley. Miss Spencer was the railway president's confidential stenographer. It was said that she was given $100,000 worth of securities by her employer. The tale runs that after Butters' death this gift was disclosed and that former Judge C. W. Slack of San Francisco, an executor with Charles Butters of the will, claimed the collateral for the estate on the ground that transfer had never been made on the books of the corporation. It was said that negotiations were opened which led to the surrender Miss Spencer of half of the collateral.
APPRECIATED HER ABILITY
Miss Spencer married soon after the death of Butters. She is now the wife of Mano Zann, representative of the Meese & Gottfried Company of San Francisco, at Los Angeles, where the Zanns live. Mrs. Zann is a stately beauty of the brunette type. Intelligent and of keen business ability, she proved an invaluable assistant to Butters. That he appreciated her was not denied. Miss Spencer remained in attendance upon her employer up to the time of his death. Butters spent many days at the home of his mother, Mrs. S. L. Butters, in Berkeley, where his death occurred last October.
William B. Edwards said tonight:
"My stepfather denied positively to my mother of making any gifts of value or otherwise to Miss Spencer. She was his stenographer and confidential clerk, and at his death in that capacity she may have had documents of value in her desk which belonged to Mr. Butters. If that were so she readily surrendered them when demand was made on her by the executors of the estate. Such a contingency may have given rise to the story that she had been a beneficiary in substantiality at the hands of my stepfather."
"The trouble between my mother and Mr. Butters, which caused their separation, was due to a disagreement over financial matters. She did not think it wise to entrust him with all of her property when he was so heavily involved in Northern Electric. He was imperious and under a great nervous strain, hence the separation. I can say positively that this and nothing else caused the difficulties which resulted in my stepfather going to his mother's home. There was absolutely no friction on personal grounds. Mr. Butters' positive assurance that he had not showered favors upon Miss Spencer was not doubted in the least by my mother. She knew that his word on that subject or any other was good, beyond question, and, after he had given it, the subject was eliminated."
VALUE OF ESTATE IN DOUBT
Edwards refused to confirm the report of the prospective contest, but admitted that steps had been taken to discover if there was sufficient in his mother's estate to carry out the provisions of her will.
Just what is the value of Henry Butters' estate is doubtful. His investments were centered toward the close of his long career in the Northern Electric railway. Everything upon which he could raise money went into a big pool to construct that road, opening now between Chico and Sacramento. Toward the end, the financial stress of two years ago seriously affected his interests. It was his great anxiety to raise funds which led in large measure to the separation of Butters and his wife.
Several years ago, in affluent days, he deeded outright to her several, hundred thousand dollars' worth of real estate, among it the family mansion and grounds, Alta Vista, at Piedmont. Also Butters conveyed fine income property in San Pablo Avenue, this city. Desiring to realize cash to further his railway investments, Butters tried to persuade his wife to reconvey the property to him. Quarrels and the separation followed her refusal. It is this property which forms Mrs. Butters' estate over which her children are preparing to contest.
GROUND OF CONTEST
That the will is to be contested on the principal ground of Mrs. Butters' alleged mental incapacity is likely in view of the conditions which she imposed upon several of her bequests. Among the most noteworthy was one in the original document, directing that her daughter's, Mrs. Georgiana Cook, allowance of $150 a month should be cut off if she should remarry Dr. Channing Cook, from whom she was divorced. A codicil made this even stronger, and provided that Mrs. Cook's annuity should cease if she married Cook or any other divorced, man.
Mrs. Butters provided as follows for her other children:
William B. Edwards, son, $50 a month; Mrs. R. A. Bray, daughter, $50 a month, during her husband's lifetime, and $100 afterward; David S. Edwards, son, $100 a month; Marie Butters, daughter, legally adopted by Henry A. Butters, $100 a month; Marguerite Butters, daughter, also legally adopted by Henry A. Butters, $100 a month; Joseph Paulding Edwards, $50 a month, residue of estate to Henry A. Butters Jr., son.
Other bequests were made to the sisters of the Holy Names, Sacred Heart convent, Providence hospital and Fabiola hospital, covering annuities of $1,500, or in lieu, $25,000 in cash. Provision was made for $50 a month to Mrs. Georgiana Schell, a sister, who since died, and $25 a month to Ada English a friend.
DID NOT CHANGE WILL
In spite of the domestic troubles, Mrs. Butters allowed to stand in her will a devise to her husband of "Alta Vista" for life, the place then to go to their son, Henry A. Jr. This was not changed after her husband's death. The will was made March 5, 1908.
Mrs. Butters' estate is estimated to be worth between $200,000 and $300,000, including Alta Vista, which is not income producing. To effect payment of the various allowances Mrs. Butters caused a trust to be created, which should not cease until the death of all of her children, their children and the other personal beneficiaries of the will. She also provided that if any of the bequests should be invalidated, her son Henry A. Butters Jr. should receive the remainder.
In view of the prospective battle, interesting side lights are thrown upon the family history of the Butter. Henry Butters began life in Oakland as a newsboy. His family lived in the lower part of the city, now covered by Chinatown. Butters grew to manhood and became interested in mining. He accumulated a competency in Colorado, went to South Africa and amassed a considerable fortune.
CAREER OF MRS. BUTTERS
He married Mrs. Butters in 1891 at Denver. She was born in St. Louis, Mo., but spent her early years in New York State. Her first husband was Captain W. S. Edwards of the United States coast and geodetic survey, who died in 1880. Two years later she married Captain Louis A. Sangteller, her husband's life long friend. He died six years later.
Issue of the three marriages were nine children, all of whom survive, except Sister Mary Benedicta (Martha Edwards).
Butters and his wife came to Oakland and established themselves at Alta Vista, the scene of much social life. After his return Butters invested in Oakland real estate, attending to his many business affairs, and finally launching the Northern electric railway company project. He carried this along until the financial troubles of 1907-08, when the pressure forced him to seek every possible avenues of recuperation. His worries caused a serious attack of nervous prostration, which culminated in his death.
Butters' wife died in Yosemite Valley June 20, from pneumonia, following a cold contracted during a trip to Nevada falls.
APPOINTED GUARDIANS
Mrs. R. A. E. Bray and David S. Edwards were appointed guardians of Henry A. Butters Jr., by Judge Wells today, in order to look out for his interests in the estate of his father and of his mother, as their petition recited. Bonds were fixed and given for $5,000 each in the guardianship. The special letters were issued owing to the absence in Europe of Dr. Alexander Garceau, who was named with the other two as executors and trustees of the will. Attorney J. C. McKinstry informed the court that immediate care must be given the property interests involved as rents and incomes had to be collected.
McKinstry asked a two weeks' continuance when the clerk called for the hearing on admission of Mrs. Butters' will to probate. He said that he had intimation that a contest was being planned and desired delay on that ground. The motion was granted.
Los Angeles Herald, June 18, 1909, Page 3, Image 3, Column 1 -
Capitalist's Wife Is Ill
YOSEMITE, Cal., June 17.-Mrs. Henry A. Butters of Piedmont, Alameda County, the wife of the well known capitalist, is critically ill of pneumonia at Camp Ahwahnee, Yosemite Valley, and is not expected to live through the night. She was taken ill two days ago and her condition rapidly grew worse. Her daughter, Miss Marguerite Butters, is at Merced on her way to her mother's bedside.
San Francisco Call, Friday, June 18, 1909, Page 16, Image 16, Column 1 -
MRS. HENRY A. BUTTERS
VERY ILL IN YOSEMITE
---
Wife of Late Railroad Magnate
Stricken With Pneumonia
Mrs. Henry A. Butters, widow of the late railroad promoter, is dangerously ill of pneumonia at Camp Ahwahnee, Yosemite Valley, according to advices received from this city yesterday.
Miss Marguerite Butters yesterday reached Merced on her way to her mother's bedside. J. Paulding Edwards, a son of Mrs. Butters, left last night with Dr. Herbert C. Moffitt of this city for Yosemite.
Mrs. Butters, whose palatial home is located in Piedmont, Oakland, recently left for a pleasure trip to Yosemite. She was taken ill with pneumonia the first part of this week and reports from her bedside yesterday were such as to cause great alarm. One telegram was to the effect that she was not expected to live throughout the night, but Dr. Moffitt received word from Ahwahnee that while the condition of Mrs. Butters was serious it was not necessarily fatal.
Los Angeles Herald, Saturday, June 19, 1909, Page 3, Image 3, Column 7 -
Woman May Recover
YOSEMITE, June 18.-The condition of Mrs. Henry Butters, widow of the Piedmont millionaire, who is seriously ill of pneumonia at one of the local camps, was reported as slightly improved this morning. Her temperature is lower as the result of a favorable night and the attending physicians are now sanguine of her ultimate recovery.
San Francisco Call, Saturday, June 19, 1909, Page 15, Image 15, Column 3 -
NO IMPROVEMENT
FOR MRS. BUTTERS
---
Dr. Herbert Moffitt Says Everything
Has Been Done to
Relieve Her
---
OAKLAND, June 18.-Word was received tonight from Yosemite by friends of Mrs. Henry A. Butters that her condition showed no special change.
Dr. Herbert C. Moffitt, after his arrival at the valley, said that everything had been done that could have been done for the patient. Mrs. Butters caught a severe cold Sunday, which developed Tuesday into pneumonia. It is not expected that the crisis will be reached for several days. Meanwhile the patient is being given every attention which medical skill can devise.
Los Angeles Herald, Sunday, June 20, 1909, Page 4, Image 16, Column 3 -
Condition Unchanged
YOSEMITE, Cal., June 19.-Physicians in attendance upon Mrs. Henry A. Butters, a widow of the late millionaire mining man, who is critically ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Sunday, June 20, 1909, Page 20, Image 20, Column 1 -
MRS. HENRY A. BUTTERS'
CONDITION UNCHANGED
---
Doctors Expect Several Days to
Elapse Before Crisis Passes
YOSEMITE, June 19.-Physicians in attendance upon Mrs. Henry A. Butters, widow of the late millionaire mining man, who is dangerously ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Volume 106, Number 21, Monday, June 21, 1909, Page 10, Column 1 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul tomorrow (Tuesday) morning, June 22, 1909, at 10 o'clock at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Interment private.
San Francisco Call, Monday, June 21, 1909, Page 7, Image 7, Column 5 -
MRS. HENRY BUTTERS
DIES OF PNEUMONIA
---
Succumbs Within Week to
Disease Contracted in
the Yosemite
---
Relatives at Bedside as Well
Known Woman Peacefully
Breathes Last
---
YOSEMITE, June 20.-Mrs. Lucie Beebe [Beebee] Butters, relict of Henry A. Butters, the Oakland capitalist, and a prominent figure in Oakland society, died here today of pneumonia, with which she was stricken a week ago while in the valley on a pleasure trip. The body was shipped to Oakland tonight, and the funeral will be from the Butters home Tuesday.
Every possible effort was made to save Mrs. Butters' life, but she had been gradually sinking ever since she was stricken, and the progress of the disease could not be checked.
Not Unexpected
OAKLAND, June 20.-Mrs. Butters' death was not unexpected in Oakland, as during the last 24 hours she had weakened perceptibly, the heart action diminishing steadily.
Every possible attention was given the patient. When her condition came alarming, Dr. Herbert C. Moffitt went from San Francisco. But her age told upon Mrs. Butters and, she was unable to withstand the severity of the attack.
Mrs. Butters' friends in Oakland were advised of her death today, the further announcement being made that the members of the family would return with the remains, arriving at o'clock tomorrow morning.
Early in the month Mrs. Butters accompanied by, Mrs. R. Augustus Bray, Henry A. Butters Jr. and Miss Marguerite Butters, three of her children, went to the valley for a summer outing.
Last Sunday Mrs. Butters contracted a severe cold after visiting Nevada falls. Tuesday symptoms of a severe attack of pneumonia developed. Nurses and army physicians at the valley took charge of the patient. Her condition grew serious and her son, David Edwards, went with Dr. Moffitt to her bedside. Miss Marie Butters, who had been visiting at Chico, also hastened to the valley.
As Miss Lucie Beebee, Mrs. Butters was a belle of San Francisco years ago. At the age of 17 years she married David Edwards. Her second marriage, following Edwards's death, was with Captain Sangtella, a prominent figure in San Francisco marine circles. Her marriage with Henry A. Butters took place about 17 years ago. Some time before his death last winter they had separated. Butters had given to his wife property said to be worth $250,000 or more, including the family mansion, Alta Vista, at Piedmont.
WAS SOCIAL LEADER
Mrs. Butters was a lavish entertainer, her home having been for years the scene of much social activity, especially after the coming out of her daughters, Marie and Marguerite.
There are eight surviving children by Mrs. Butter's three marriages. They are: Will Edwards, now in the east; David Edwards, who was Henry Butters' private secretary; J. Paulding Edwards, with the Northern Electric railway at Chico; Mrs. R. Augustus Bray, Mrs. Georgiana B. Cook, Marie Sangtella Butters, Marguerite Sangtella Butters and Henry A. Butters.
Both Marie and Marguerite Butters were legally adopted by their stepfather, Henry A. Butters, years ago. Paulding Edwards married Miss Dolly Tarpey, a daughter of Mr. and Mrs. M. F. Tarpey.
Marie Butters is the fiancee of Victor N. Metcalf, son of former Secretary of the Navy, Victor H. Metcalf.
One daughter, Martha, in secular life, died a nun, Sister Mary Benedicta of the Holy Names. Mrs. Butters was a native of St. Louis, Mo. A solemn requiem high mass will be celebrated for the repose of her soul Tuesday morning, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets.
San Francisco Call, Volume 106, Number 22, Tuesday, June 22, 1909, Page 11, Column 2 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul this (Tuesday) morning, June 22, 1909, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Internment private.
San Francisco Call, Tuesday, June 22, 1909, Page 8, Image 8, Column 6 -
MRS. LUCIE BUTTERS'
BODY BROUGHT HOME
---
Four Children Accompany
Remains From Yosemite Valley
OAKLAND, June 21.-Accompanied by four of her children, Mrs. Lucie Beebee Butters' remains were brought home today from the Yosemite Valley, where the relict of Henry A. Butters, the mining and railroad man, died yesterday morning. The body was taken to Alta Vista, the Butters' Piedmont residence. Services will be held Tuesday morning at 10 o'clock at St. Francis de Sales church, Grove and Hobart streets. The interment will be private.
San Francisco Call, Thursday, June 24, 1909, Page 3, Image 3, Column 1 -
DIVORCED MEN
EXCLUDED BY
MOTHER'S WILL
---
Daughter of Mrs. Butters Will
Lose Income Should She
Remarry Husband
---
Unusual Restriction Made in
Testament Which Names Son
as Chief Beneficiary
---
OAKLAND, June 23-If Mrs. Georgiana Cook, daughter of the late Mrs. Lucie Beebe Butters, widow of Henry Butters, the deceased millionaire, marries any divorced man, even if she remarries her divorced husband, Dr. Channing Cook, the $150 monthly allowance provided for her in her mother's will terminates. The will was filed for probate in the Alameda County superior court today, and then it developed that Mrs. Cook's mother would restrict her choice of a second husband to a bachelor or a man whose wife is dead.
Even that limitation, which is made in the codicil of the will, is less drastic than the original provisions made by Mrs. Butters in the will which was dated March 5, 1908. The will provided that in the event of Mrs. Cook's remarriage, under any circumstances, the monthly allowance of $150 should cease. A more lenient arrangement was later made. Mrs. Cook has been divorced from her husband for several years.
Most of the estate is left in trust, Henry A. Butters, Jr., being the principal beneficiary. Incomes were provided for the other seven children.
Only a few bequests were made outside of the trust. The sisters of the Holy Name of Oakland are given one legacy of $1,000 and another of $500, the latter being "for what I deem an educational indebtedness." A legacy of $1,000 is also made to the Community of the Sisters of the Holy Name, of which Mrs. Butters' daughter, Sister Mary Benedicta, was a member.
TRUSTEES AND EXECUTORS
David Edwards, a son, R. A. Bray, a son in law. Dr. Alexander Garceau and J. C. McKinstry are named trustees and executors. Alta Vista, the Piedmont home of the Butters family, is left for life to the husband of the deceased, Henry A. Butters, to go on his death to Henry A. Butters Jr. As the father is now dead, having died several months ago, the younger Butters will inherit the home, as well as the antique brass and furniture in it. The will bears date March 5, 1908.
MONTHLY ALLOWANCES
The will provides for the following monthly allowances under the trust:
Georgiana B. Cook, a daughter, $150; William B. Edwards, a son, $50 for life; Mrs. Lucy Bray, daughter, for life $50, but in case her husband dies $100, the amount to go on her death to her children, or, in default of them, to Lucile B. Cook, daughter of Georgiana B. Cook; David S. Edwards, son, $l00 for life, and at his death to his daughter, Elizabeth; Marie Butters and Marguerite Butters, daughters, $100 each for life, then to their children, and in default of such, to Henry A. Butters Jr.; Joseph Paulding Edwards, son, $50 for life, then to his children; Georgiana Schell, sister, $50 for life, then to her daughter, Georgiana F. Gimmoraiez, and on her death to the latter's daughter, Beatrice; Ada English, friend, $25 for life; Emma Carey, "dear friend and servitor" $25 for life; mother superior of Providence hospital, for the care of some poor person, $50; Fabiola hospital, for the poor, $25; Rev. Father McSweeney of St. Frances de Sales church and his successors, $50.
A third of the monthly income is left by the will to Henry A. Butters, husband of the deceased. The residue of the income, which will now include this third, as Butters is dead, is left to Henry A. Butters Jr. The will provides that he is to be made sole trustee when he reaches the age of 35.
The trust is to terminate at the death of the last survivor among the beneficiaries, leaving out Henry A. Butters Jr., who is then to be made residuary legatee. Provision is made that if the court will allow it Providence hospital and St. Francis de Sales church may take $10,000 instead of the monthly allowance, and that Fabiola hospital may receive $5,000 in the same way.
San Francisco Call, Volume 106, Number 40, Saturday, July 10, 1909, Page 20, Column 1 -
PLAN CONTEST
OF THE WILL OF
MRS. BUTTER
---
Children Ready to Attack the
Provision Which Favors
Capitalist's Son
---
Story That Spencer's Daughter
Received Magnificent Gift
Is Denied
---
OAKLAND, July 9-Children of Mrs. Lucie Beebe Butters, wife of the late Henry A. Butters, president of the Northern electric railway company and prominent capitalist, have decided to contest their mother's will, which left the bulk of her fortune to her son and only child by the Butters marriage, Henry A. Butters Jr.
The first move in the struggle to break the trust and bring into the glare of publicity the disturbances, domestic and otherwise, which separated Butters and his wife, was made today.
That the contest was impending became public when Attorney J. C. McKinstry, representing the executors, consented to a continuance for two weeks of the hearing on the probate of the will, indicating that something was in the air. McKinstry consented to the postponement on the request of the Oakland law firm of Reed, Black & Reed, who have been retained to conduct the fight to smash the will.
READY TO BEGIN BATTLE
That dissatisfaction as to the terms of Mrs. Butters' will existed among her children has been known by some of their intimates. None of them by her two marriages prior to that with Butters was given cash or other property outright. They were provided with annuities from a trust, so arranged that it virtually was perpetual. The bulk of her fortune, as in the case of her husband's will, went to young Henry Butters. Within 10 days the contest will have been filed. While it has not been definitely decided as to the selection of the contestants, one of Mrs. Butters' children, William B. Edwards, has given instructions that the battle against the will shall go forward and the attorneys are ready to proceed.
With the announcement of contest follows a story involving Henry A. Butters' fortunes. According to this story Jule Spencer, daughter of Dennis Spencer, the prominent democratic politician and lawyer of Napa, was the recipient of a handsome fortune from Henry Butters before his death last winter at Berkeley. Miss Spencer was the railway president's confidential stenographer. It was said that she was given $100,000 worth of securities by her employer. The tale runs that after Butters' death this gift was disclosed and that former Judge C. W. Slack of San Francisco, an executor with Charles Butters of the will, claimed the collateral for the estate on the ground that transfer had never been made on the books of the corporation. It was said that negotiations were opened which led to the surrender Miss Spencer of half of the collateral.
APPRECIATED HER ABILITY
Miss Spencer married soon after the death of Butters. She is now the wife of Mano Zann, representative of the Meese & Gottfried Company of San Francisco, at Los Angeles, where the Zanns live. Mrs. Zann is a stately beauty of the brunette type. Intelligent and of keen business ability, she proved an invaluable assistant to Butters. That he appreciated her was not denied. Miss Spencer remained in attendance upon her employer up to the time of his death. Butters spent many days at the home of his mother, Mrs. S. L. Butters, in Berkeley, where his death occurred last October.
William B. Edwards said tonight:
"My stepfather denied positively to my mother of making any gifts of value or otherwise to Miss Spencer. She was his stenographer and confidential clerk, and at his death in that capacity she may have had documents of value in her desk which belonged to Mr. Butters. If that were so she readily surrendered them when demand was made on her by the executors of the estate. Such a contingency may have given rise to the story that she had been a beneficiary in substantiality at the hands of my stepfather."
"The trouble between my mother and Mr. Butters, which caused their separation, was due to a disagreement over financial matters. She did not think it wise to entrust him with all of her property when he was so heavily involved in Northern Electric. He was imperious and under a great nervous strain, hence the separation. I can say positively that this and nothing else caused the difficulties which resulted in my stepfather going to his mother's home. There was absolutely no friction on personal grounds. Mr. Butters' positive assurance that he had not showered favors upon Miss Spencer was not doubted in the least by my mother. She knew that his word on that subject or any other was good, beyond question, and, after he had given it, the subject was eliminated."
VALUE OF ESTATE IN DOUBT
Edwards refused to confirm the report of the prospective contest, but admitted that steps had been taken to discover if there was sufficient in his mother's estate to carry out the provisions of her will.
Just what is the value of Henry Butters' estate is doubtful. His investments were centered toward the close of his long career in the Northern Electric railway. Everything upon which he could raise money went into a big pool to construct that road, opening now between Chico and Sacramento. Toward the end, the financial stress of two years ago seriously affected his interests. It was his great anxiety to raise funds which led in large measure to the separation of Butters and his wife.
Several years ago, in affluent days, he deeded outright to her several, hundred thousand dollars' worth of real estate, among it the family mansion and grounds, Alta Vista, at Piedmont. Also Butters conveyed fine income property in San Pablo Avenue, this city. Desiring to realize cash to further his railway investments, Butters tried to persuade his wife to reconvey the property to him. Quarrels and the separation followed her refusal. It is this property which forms Mrs. Butters' estate over which her children are preparing to contest.
GROUND OF CONTEST
That the will is to be contested on the principal ground of Mrs. Butters' alleged mental incapacity is likely in view of the conditions which she imposed upon several of her bequests. Among the most noteworthy was one in the original document, directing that her daughter's, Mrs. Georgiana Cook, allowance of $150 a month should be cut off if she should remarry Dr. Channing Cook, from whom she was divorced. A codicil made this even stronger, and provided that Mrs. Cook's annuity should cease if she married Cook or any other divorced, man.
Mrs. Butters provided as follows for her other children:
William B. Edwards, son, $50 a month; Mrs. R. A. Bray, daughter, $50 a month, during her husband's lifetime, and $100 afterward; David S. Edwards, son, $100 a month; Marie Butters, daughter, legally adopted by Henry A. Butters, $100 a month; Marguerite Butters, daughter, also legally adopted by Henry A. Butters, $100 a month; Joseph Paulding Edwards, $50 a month, residue of estate to Henry A. Butters Jr., son.
Other bequests were made to the sisters of the Holy Names, Sacred Heart convent, Providence hospital and Fabiola hospital, covering annuities of $1,500, or in lieu, $25,000 in cash. Provision was made for $50 a month to Mrs. Georgiana Schell, a sister, who since died, and $25 a month to Ada English a friend.
DID NOT CHANGE WILL
In spite of the domestic troubles, Mrs. Butters allowed to stand in her will a devise to her husband of "Alta Vista" for life, the place then to go to their son, Henry A. Jr. This was not changed after her husband's death. The will was made March 5, 1908.
Mrs. Butters' estate is estimated to be worth between $200,000 and $300,000, including Alta Vista, which is not income producing. To effect payment of the various allowances Mrs. Butters caused a trust to be created, which should not cease until the death of all of her children, their children and the other personal beneficiaries of the will. She also provided that if any of the bequests should be invalidated, her son Henry A. Butters Jr. should receive the remainder.
In view of the prospective battle, interesting side lights are thrown upon the family history of the Butter. Henry Butters began life in Oakland as a newsboy. His family lived in the lower part of the city, now covered by Chinatown. Butters grew to manhood and became interested in mining. He accumulated a competency in Colorado, went to South Africa and amassed a considerable fortune.
CAREER OF MRS. BUTTERS
He married Mrs. Butters in 1891 at Denver. She was born in St. Louis, Mo., but spent her early years in New York State. Her first husband was Captain W. S. Edwards of the United States coast and geodetic survey, who died in 1880. Two years later she married Captain Louis A. Sangteller, her husband's life long friend. He died six years later.
Issue of the three marriages were nine children, all of whom survive, except Sister Mary Benedicta (Martha Edwards).
Butters and his wife came to Oakland and established themselves at Alta Vista, the scene of much social life. After his return Butters invested in Oakland real estate, attending to his many business affairs, and finally launching the Northern electric railway company project. He carried this along until the financial troubles of 1907-08, when the pressure forced him to seek every possible avenues of recuperation. His worries caused a serious attack of nervous prostration, which culminated in his death.
Butters' wife died in Yosemite Valley June 20, from pneumonia, following a cold contracted during a trip to Nevada falls.
APPOINTED GUARDIANS
Mrs. R. A. E. Bray and David S. Edwards were appointed guardians of Henry A. Butters Jr., by Judge Wells today, in order to look out for his interests in the estate of his father and of his mother, as their petition recited. Bonds were fixed and given for $5,000 each in the guardianship. The special letters were issued owing to the absence in Europe of Dr. Alexander Garceau, who was named with the other two as executors and trustees of the will. Attorney J. C. McKinstry informed the court that immediate care must be given the property interests involved as rents and incomes had to be collected.
McKinstry asked a two weeks' continuance when the clerk called for the hearing on admission of Mrs. Butters' will to probate. He said that he had intimation that a contest was being planned and desired delay on that ground. The motion was granted.
Capitalist's Wife Is Ill
YOSEMITE, Cal., June 17.-Mrs. Henry A. Butters of Piedmont, Alameda County, the wife of the well known capitalist, is critically ill of pneumonia at Camp Ahwahnee, Yosemite Valley, and is not expected to live through the night. She was taken ill two days ago and her condition rapidly grew worse. Her daughter, Miss Marguerite Butters, is at Merced on her way to her mother's bedside.
San Francisco Call, Friday, June 18, 1909, Page 16, Image 16, Column 1 -
MRS. HENRY A. BUTTERS
VERY ILL IN YOSEMITE
---
Wife of Late Railroad Magnate
Stricken With Pneumonia
Mrs. Henry A. Butters, widow of the late railroad promoter, is dangerously ill of pneumonia at Camp Ahwahnee, Yosemite Valley, according to advices received from this city yesterday.
Miss Marguerite Butters yesterday reached Merced on her way to her mother's bedside. J. Paulding Edwards, a son of Mrs. Butters, left last night with Dr. Herbert C. Moffitt of this city for Yosemite.
Mrs. Butters, whose palatial home is located in Piedmont, Oakland, recently left for a pleasure trip to Yosemite. She was taken ill with pneumonia the first part of this week and reports from her bedside yesterday were such as to cause great alarm. One telegram was to the effect that she was not expected to live throughout the night, but Dr. Moffitt received word from Ahwahnee that while the condition of Mrs. Butters was serious it was not necessarily fatal.
Los Angeles Herald, Saturday, June 19, 1909, Page 3, Image 3, Column 7 -
Woman May Recover
YOSEMITE, June 18.-The condition of Mrs. Henry Butters, widow of the Piedmont millionaire, who is seriously ill of pneumonia at one of the local camps, was reported as slightly improved this morning. Her temperature is lower as the result of a favorable night and the attending physicians are now sanguine of her ultimate recovery.
San Francisco Call, Saturday, June 19, 1909, Page 15, Image 15, Column 3 -
NO IMPROVEMENT
FOR MRS. BUTTERS
---
Dr. Herbert Moffitt Says Everything
Has Been Done to
Relieve Her
---
OAKLAND, June 18.-Word was received tonight from Yosemite by friends of Mrs. Henry A. Butters that her condition showed no special change.
Dr. Herbert C. Moffitt, after his arrival at the valley, said that everything had been done that could have been done for the patient. Mrs. Butters caught a severe cold Sunday, which developed Tuesday into pneumonia. It is not expected that the crisis will be reached for several days. Meanwhile the patient is being given every attention which medical skill can devise.
Los Angeles Herald, Sunday, June 20, 1909, Page 4, Image 16, Column 3 -
Condition Unchanged
YOSEMITE, Cal., June 19.-Physicians in attendance upon Mrs. Henry A. Butters, a widow of the late millionaire mining man, who is critically ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Sunday, June 20, 1909, Page 20, Image 20, Column 1 -
MRS. HENRY A. BUTTERS'
CONDITION UNCHANGED
---
Doctors Expect Several Days to
Elapse Before Crisis Passes
YOSEMITE, June 19.-Physicians in attendance upon Mrs. Henry A. Butters, widow of the late millionaire mining man, who is dangerously ill of pneumonia at Camp Ahwahnee, reported her condition as practically unchanged today. She regained consciousness this morning, but it will be several days before the crisis is passed.
San Francisco Call, Volume 106, Number 21, Monday, June 21, 1909, Page 10, Column 1 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul tomorrow (Tuesday) morning, June 22, 1909, at 10 o'clock at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Interment private.
San Francisco Call, Monday, June 21, 1909, Page 7, Image 7, Column 5 -
MRS. HENRY BUTTERS
DIES OF PNEUMONIA
---
Succumbs Within Week to
Disease Contracted in
the Yosemite
---
Relatives at Bedside as Well
Known Woman Peacefully
Breathes Last
---
YOSEMITE, June 20.-Mrs. Lucie Beebe [Beebee] Butters, relict of Henry A. Butters, the Oakland capitalist, and a prominent figure in Oakland society, died here today of pneumonia, with which she was stricken a week ago while in the valley on a pleasure trip. The body was shipped to Oakland tonight, and the funeral will be from the Butters home Tuesday.
Every possible effort was made to save Mrs. Butters' life, but she had been gradually sinking ever since she was stricken, and the progress of the disease could not be checked.
Not Unexpected
OAKLAND, June 20.-Mrs. Butters' death was not unexpected in Oakland, as during the last 24 hours she had weakened perceptibly, the heart action diminishing steadily.
Every possible attention was given the patient. When her condition came alarming, Dr. Herbert C. Moffitt went from San Francisco. But her age told upon Mrs. Butters and, she was unable to withstand the severity of the attack.
Mrs. Butters' friends in Oakland were advised of her death today, the further announcement being made that the members of the family would return with the remains, arriving at o'clock tomorrow morning.
Early in the month Mrs. Butters accompanied by, Mrs. R. Augustus Bray, Henry A. Butters Jr. and Miss Marguerite Butters, three of her children, went to the valley for a summer outing.
Last Sunday Mrs. Butters contracted a severe cold after visiting Nevada falls. Tuesday symptoms of a severe attack of pneumonia developed. Nurses and army physicians at the valley took charge of the patient. Her condition grew serious and her son, David Edwards, went with Dr. Moffitt to her bedside. Miss Marie Butters, who had been visiting at Chico, also hastened to the valley.
As Miss Lucie Beebee, Mrs. Butters was a belle of San Francisco years ago. At the age of 17 years she married David Edwards. Her second marriage, following Edwards's death, was with Captain Sangtella, a prominent figure in San Francisco marine circles. Her marriage with Henry A. Butters took place about 17 years ago. Some time before his death last winter they had separated. Butters had given to his wife property said to be worth $250,000 or more, including the family mansion, Alta Vista, at Piedmont.
WAS SOCIAL LEADER
Mrs. Butters was a lavish entertainer, her home having been for years the scene of much social activity, especially after the coming out of her daughters, Marie and Marguerite.
There are eight surviving children by Mrs. Butter's three marriages. They are: Will Edwards, now in the east; David Edwards, who was Henry Butters' private secretary; J. Paulding Edwards, with the Northern Electric railway at Chico; Mrs. R. Augustus Bray, Mrs. Georgiana B. Cook, Marie Sangtella Butters, Marguerite Sangtella Butters and Henry A. Butters.
Both Marie and Marguerite Butters were legally adopted by their stepfather, Henry A. Butters, years ago. Paulding Edwards married Miss Dolly Tarpey, a daughter of Mr. and Mrs. M. F. Tarpey.
Marie Butters is the fiancee of Victor N. Metcalf, son of former Secretary of the Navy, Victor H. Metcalf.
One daughter, Martha, in secular life, died a nun, Sister Mary Benedicta of the Holy Names. Mrs. Butters was a native of St. Louis, Mo. A solemn requiem high mass will be celebrated for the repose of her soul Tuesday morning, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets.
San Francisco Call, Volume 106, Number 22, Tuesday, June 22, 1909, Page 11, Column 2 -
DIED
Butters, Lucie B.....
---
BUTTERS- In Yosemite Valley, Cal., June 20, 1909, Lucie Beebe Butters, wife of the late Henry A. Butters, and beloved mother of William B. Edwards, Lucile Edwards Bray, Georgiana Edwards Cook, David S. and J. Paulding Edwards and Marie, Marguerite and Henry A. Butters Jr. and the late Sister Mary Bendicta of the Holy Names, a native of St. Louis, Mo.
A solemn requiem high mass will be celebrated for the repose of her soul this (Tuesday) morning, June 22, 1909, at 10 o'clock, at St. Francis de Sales church, corner of Grove and Hobart streets, Oakland. Internment private.
San Francisco Call, Tuesday, June 22, 1909, Page 8, Image 8, Column 6 -
MRS. LUCIE BUTTERS'
BODY BROUGHT HOME
---
Four Children Accompany
Remains From Yosemite Valley
OAKLAND, June 21.-Accompanied by four of her children, Mrs. Lucie Beebee Butters' remains were brought home today from the Yosemite Valley, where the relict of Henry A. Butters, the mining and railroad man, died yesterday morning. The body was taken to Alta Vista, the Butters' Piedmont residence. Services will be held Tuesday morning at 10 o'clock at St. Francis de Sales church, Grove and Hobart streets. The interment will be private.
San Francisco Call, Thursday, June 24, 1909, Page 3, Image 3, Column 1 -
DIVORCED MEN
EXCLUDED BY
MOTHER'S WILL
---
Daughter of Mrs. Butters Will
Lose Income Should She
Remarry Husband
---
Unusual Restriction Made in
Testament Which Names Son
as Chief Beneficiary
---
OAKLAND, June 23-If Mrs. Georgiana Cook, daughter of the late Mrs. Lucie Beebe Butters, widow of Henry Butters, the deceased millionaire, marries any divorced man, even if she remarries her divorced husband, Dr. Channing Cook, the $150 monthly allowance provided for her in her mother's will terminates. The will was filed for probate in the Alameda County superior court today, and then it developed that Mrs. Cook's mother would restrict her choice of a second husband to a bachelor or a man whose wife is dead.
Even that limitation, which is made in the codicil of the will, is less drastic than the original provisions made by Mrs. Butters in the will which was dated March 5, 1908. The will provided that in the event of Mrs. Cook's remarriage, under any circumstances, the monthly allowance of $150 should cease. A more lenient arrangement was later made. Mrs. Cook has been divorced from her husband for several years.
Most of the estate is left in trust, Henry A. Butters, Jr., being the principal beneficiary. Incomes were provided for the other seven children.
Only a few bequests were made outside of the trust. The sisters of the Holy Name of Oakland are given one legacy of $1,000 and another of $500, the latter being "for what I deem an educational indebtedness." A legacy of $1,000 is also made to the Community of the Sisters of the Holy Name, of which Mrs. Butters' daughter, Sister Mary Benedicta, was a member.
TRUSTEES AND EXECUTORS
David Edwards, a son, R. A. Bray, a son in law. Dr. Alexander Garceau and J. C. McKinstry are named trustees and executors. Alta Vista, the Piedmont home of the Butters family, is left for life to the husband of the deceased, Henry A. Butters, to go on his death to Henry A. Butters Jr. As the father is now dead, having died several months ago, the younger Butters will inherit the home, as well as the antique brass and furniture in it. The will bears date March 5, 1908.
MONTHLY ALLOWANCES
The will provides for the following monthly allowances under the trust:
Georgiana B. Cook, a daughter, $150; William B. Edwards, a son, $50 for life; Mrs. Lucy Bray, daughter, for life $50, but in case her husband dies $100, the amount to go on her death to her children, or, in default of them, to Lucile B. Cook, daughter of Georgiana B. Cook; David S. Edwards, son, $l00 for life, and at his death to his daughter, Elizabeth; Marie Butters and Marguerite Butters, daughters, $100 each for life, then to their children, and in default of such, to Henry A. Butters Jr.; Joseph Paulding Edwards, son, $50 for life, then to his children; Georgiana Schell, sister, $50 for life, then to her daughter, Georgiana F. Gimmoraiez, and on her death to the latter's daughter, Beatrice; Ada English, friend, $25 for life; Emma Carey, "dear friend and servitor" $25 for life; mother superior of Providence hospital, for the care of some poor person, $50; Fabiola hospital, for the poor, $25; Rev. Father McSweeney of St. Frances de Sales church and his successors, $50.
A third of the monthly income is left by the will to Henry A. Butters, husband of the deceased. The residue of the income, which will now include this third, as Butters is dead, is left to Henry A. Butters Jr. The will provides that he is to be made sole trustee when he reaches the age of 35.
The trust is to terminate at the death of the last survivor among the beneficiaries, leaving out Henry A. Butters Jr., who is then to be made residuary legatee. Provision is made that if the court will allow it Providence hospital and St. Francis de Sales church may take $10,000 instead of the monthly allowance, and that Fabiola hospital may receive $5,000 in the same way.
San Francisco Call, Volume 106, Number 40, Saturday, July 10, 1909, Page 20, Column 1 -
PLAN CONTEST
OF THE WILL OF
MRS. BUTTER
---
Children Ready to Attack the
Provision Which Favors
Capitalist's Son
---
Story That Spencer's Daughter
Received Magnificent Gift
Is Denied
---
OAKLAND, July 9-Children of Mrs. Lucie Beebe Butters, wife of the late Henry A. Butters, president of the Northern electric railway company and prominent capitalist, have decided to contest their mother's will, which left the bulk of her fortune to her son and only child by the Butters marriage, Henry A. Butters Jr.
The first move in the struggle to break the trust and bring into the glare of publicity the disturbances, domestic and otherwise, which separated Butters and his wife, was made today.
That the contest was impending became public when Attorney J. C. McKinstry, representing the executors, consented to a continuance for two weeks of the hearing on the probate of the will, indicating that something was in the air. McKinstry consented to the postponement on the request of the Oakland law firm of Reed, Black & Reed, who have been retained to conduct the fight to smash the will.
READY TO BEGIN BATTLE
That dissatisfaction as to the terms of Mrs. Butters' will existed among her children has been known by some of their intimates. None of them by her two marriages prior to that with Butters was given cash or other property outright. They were provided with annuities from a trust, so arranged that it virtually was perpetual. The bulk of her fortune, as in the case of her husband's will, went to young Henry Butters. Within 10 days the contest will have been filed. While it has not been definitely decided as to the selection of the contestants, one of Mrs. Butters' children, William B. Edwards, has given instructions that the battle against the will shall go forward and the attorneys are ready to proceed.
With the announcement of contest follows a story involving Henry A. Butters' fortunes. According to this story Jule Spencer, daughter of Dennis Spencer, the prominent democratic politician and lawyer of Napa, was the recipient of a handsome fortune from Henry Butters before his death last winter at Berkeley. Miss Spencer was the railway president's confidential stenographer. It was said that she was given $100,000 worth of securities by her employer. The tale runs that after Butters' death this gift was disclosed and that former Judge C. W. Slack of San Francisco, an executor with Charles Butters of the will, claimed the collateral for the estate on the ground that transfer had never been made on the books of the corporation. It was said that negotiations were opened which led to the surrender Miss Spencer of half of the collateral.
APPRECIATED HER ABILITY
Miss Spencer married soon after the death of Butters. She is now the wife of Mano Zann, representative of the Meese & Gottfried Company of San Francisco, at Los Angeles, where the Zanns live. Mrs. Zann is a stately beauty of the brunette type. Intelligent and of keen business ability, she proved an invaluable assistant to Butters. That he appreciated her was not denied. Miss Spencer remained in attendance upon her employer up to the time of his death. Butters spent many days at the home of his mother, Mrs. S. L. Butters, in Berkeley, where his death occurred last October.
William B. Edwards said tonight:
"My stepfather denied positively to my mother of making any gifts of value or otherwise to Miss Spencer. She was his stenographer and confidential clerk, and at his death in that capacity she may have had documents of value in her desk which belonged to Mr. Butters. If that were so she readily surrendered them when demand was made on her by the executors of the estate. Such a contingency may have given rise to the story that she had been a beneficiary in substantiality at the hands of my stepfather."
"The trouble between my mother and Mr. Butters, which caused their separation, was due to a disagreement over financial matters. She did not think it wise to entrust him with all of her property when he was so heavily involved in Northern Electric. He was imperious and under a great nervous strain, hence the separation. I can say positively that this and nothing else caused the difficulties which resulted in my stepfather going to his mother's home. There was absolutely no friction on personal grounds. Mr. Butters' positive assurance that he had not showered favors upon Miss Spencer was not doubted in the least by my mother. She knew that his word on that subject or any other was good, beyond question, and, after he had given it, the subject was eliminated."
VALUE OF ESTATE IN DOUBT
Edwards refused to confirm the report of the prospective contest, but admitted that steps had been taken to discover if there was sufficient in his mother's estate to carry out the provisions of her will.
Just what is the value of Henry Butters' estate is doubtful. His investments were centered toward the close of his long career in the Northern Electric railway. Everything upon which he could raise money went into a big pool to construct that road, opening now between Chico and Sacramento. Toward the end, the financial stress of two years ago seriously affected his interests. It was his great anxiety to raise funds which led in large measure to the separation of Butters and his wife.
Several years ago, in affluent days, he deeded outright to her several, hundred thousand dollars' worth of real estate, among it the family mansion and grounds, Alta Vista, at Piedmont. Also Butters conveyed fine income property in San Pablo Avenue, this city. Desiring to realize cash to further his railway investments, Butters tried to persuade his wife to reconvey the property to him. Quarrels and the separation followed her refusal. It is this property which forms Mrs. Butters' estate over which her children are preparing to contest.
GROUND OF CONTEST
That the will is to be contested on the principal ground of Mrs. Butters' alleged mental incapacity is likely in view of the conditions which she imposed upon several of her bequests. Among the most noteworthy was one in the original document, directing that her daughter's, Mrs. Georgiana Cook, allowance of $150 a month should be cut off if she should remarry Dr. Channing Cook, from whom she was divorced. A codicil made this even stronger, and provided that Mrs. Cook's annuity should cease if she married Cook or any other divorced, man.
Mrs. Butters provided as follows for her other children:
William B. Edwards, son, $50 a month; Mrs. R. A. Bray, daughter, $50 a month, during her husband's lifetime, and $100 afterward; David S. Edwards, son, $100 a month; Marie Butters, daughter, legally adopted by Henry A. Butters, $100 a month; Marguerite Butters, daughter, also legally adopted by Henry A. Butters, $100 a month; Joseph Paulding Edwards, $50 a month, residue of estate to Henry A. Butters Jr., son.
Other bequests were made to the sisters of the Holy Names, Sacred Heart convent, Providence hospital and Fabiola hospital, covering annuities of $1,500, or in lieu, $25,000 in cash. Provision was made for $50 a month to Mrs. Georgiana Schell, a sister, who since died, and $25 a month to Ada English a friend.
DID NOT CHANGE WILL
In spite of the domestic troubles, Mrs. Butters allowed to stand in her will a devise to her husband of "Alta Vista" for life, the place then to go to their son, Henry A. Jr. This was not changed after her husband's death. The will was made March 5, 1908.
Mrs. Butters' estate is estimated to be worth between $200,000 and $300,000, including Alta Vista, which is not income producing. To effect payment of the various allowances Mrs. Butters caused a trust to be created, which should not cease until the death of all of her children, their children and the other personal beneficiaries of the will. She also provided that if any of the bequests should be invalidated, her son Henry A. Butters Jr. should receive the remainder.
In view of the prospective battle, interesting side lights are thrown upon the family history of the Butter. Henry Butters began life in Oakland as a newsboy. His family lived in the lower part of the city, now covered by Chinatown. Butters grew to manhood and became interested in mining. He accumulated a competency in Colorado, went to South Africa and amassed a considerable fortune.
CAREER OF MRS. BUTTERS
He married Mrs. Butters in 1891 at Denver. She was born in St. Louis, Mo., but spent her early years in New York State. Her first husband was Captain W. S. Edwards of the United States coast and geodetic survey, who died in 1880. Two years later she married Captain Louis A. Sangteller, her husband's life long friend. He died six years later.
Issue of the three marriages were nine children, all of whom survive, except Sister Mary Benedicta (Martha Edwards).
Butters and his wife came to Oakland and established themselves at Alta Vista, the scene of much social life. After his return Butters invested in Oakland real estate, attending to his many business affairs, and finally launching the Northern electric railway company project. He carried this along until the financial troubles of 1907-08, when the pressure forced him to seek every possible avenues of recuperation. His worries caused a serious attack of nervous prostration, which culminated in his death.
Butters' wife died in Yosemite Valley June 20, from pneumonia, following a cold contracted during a trip to Nevada falls.
APPOINTED GUARDIANS
Mrs. R. A. E. Bray and David S. Edwards were appointed guardians of Henry A. Butters Jr., by Judge Wells today, in order to look out for his interests in the estate of his father and of his mother, as their petition recited. Bonds were fixed and given for $5,000 each in the guardianship. The special letters were issued owing to the absence in Europe of Dr. Alexander Garceau, who was named with the other two as executors and trustees of the will. Attorney J. C. McKinstry informed the court that immediate care must be given the property interests involved as rents and incomes had to be collected.
McKinstry asked a two weeks' continuance when the clerk called for the hearing on admission of Mrs. Butters' will to probate. He said that he had intimation that a contest was being planned and desired delay on that ground. The motion was granted.
Gravesite Details
USGenWeb has her incorrectly listed as in Section J, Row 5
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