Notification Letter re. Death of James A. Gallagher 1898
F. J. Sollinsky, Attorney at Law,
San Andreas, Calaveras County, California.
June 18, 1898
Harrison Gallagher, Esq.
Prospect, Butler Co., Penn.
Dear Sir:-
As I have already informed you by telegram, your brother, James A. Gallagher, died yesterday at 6.30 A.M. at Baptiste DeMartini's residence on San Antone Creek, Calaveras County, California, where he had been residing for the last four years.
No doubt you will be anxious to hear the particulars of your brother's death. It was a great surprise to me as well as to all of his friends when Mr. DeMartini arrived in Town announcing his death. I at once sent a gentleman from my office to the place where your brother died, and he reports to me as follows:
For the last three or four days your brother had not been feeling well and the people with whom he was stoopping wished him to send for a doctor, but he answered them no, that it did not amount to anything, that he would be allright in a day or two. The day before his death he went about one-quarter of a mile from the house to the alfalfa pasture to drive out some hogs. After driving the hogs out he started for home, but on the way was obliged to sit down and rest. On his return to the house the folks asked him what kept him so long. He said he was taken with a very bad spell and came near fainting and was obliged to sit down and rest for sometime before he was able to get home. This was along in the afternoon. He ate his supper as usual, and after supper sat around the house for a time and complained of not feeling well. He went to his room and went to bed and got up again about 11 o'clock. He came out into the front room and complained of feeling very badly, said that his chest bothered him a great deal. The folks then desired to send for the doctor for him but he would not allow it. They made him a bed in the front room, as he thought that he would rest better there than in his own room, the weather being very warm that evening.
About 5 o'clock A.M. yesterday (the 16th inst.) he got up, the folks in the house got up also and found him sitting outside of the house on the watering trough. Both Mr. and Mrs. DeMartini went out and asked him what was the matter. He said that he felt very sick and would like to have the doctor. Mr. DeMartini went to the stable, about three or four hundred yards from the house, to get his horse and Mrs. DeMartini assisted your brother to his room. When Mr. DeMartini had saddled his horse and was ready to start Mrs. DeMartini hollered to him, "It is no use to go, Jim is dying". Mr. DeMartini went into the house with his wife and in a few moments your brother was dead. Immediately afterwards Mr. DeMartini came to this place and reported the news to his many friends.
Under the circumstances I felt it was necessary to have an investigation and notified the Coronor and also the doctor here, and they at once proceeded to the house where your brother died in order to make the investigation and hold the inquest. After hearing the testimony of the witnesses, the people with whom your brother had been stopping, and the doctor's statement, the verdict of the Jury was that the death was from natural causes and heart failure the direct cause of his death.
The genleman whom I sent there took charge of the effects of your brother, took a memorandum of the personal property, leaving it in charge of Mrs. and Mr. DeMartini. He brought to me all the letters and papers and what little money was found among his effects. I find on examination of his papers that he has in the Hibernia Bank, San Francisco, Cal., $2271. He has a house and lot in Stockton, valued at about $3000. I also find a promissory note, secured by mortgage, for $2500 on land in Kings County, California; a promissory note, secured by mortgage, for $600 on 160 acres of land in this county; a promissory note, unsecured, for $450 against D. W. Davis; a promissory note, unsecured, for $163 against Julius Lloyd (out-lawed);a promissory note, unsecured, for $60 against John H. Lewis (partial payment on this note); promissory note, unsecured, of Mrs. Eliza Egan for $100 (partial payment on this note);a promissory note, unsecured, of Charles W. Damon for $100. There are a few other mortgages or judgement liens affecting property in your County. These papers seem to be out-lawed, but I have not had time as yet to look into his papers carefully but will in a few days and write you more fully.
I received your telegram to-day requesting shipment of the body to Harmony, Penn. I have given the necessary instructions to the Undertaker and as soon as the body is ready for shipment will wire you. I will also endeavor to find as near as possible the exact time it will take the body to arrive there.
I would further respectfully represent to you that I am the attorney for Dr. George F. Pache, the Public Administrator of this County, and in as much as it will become necessary to pay all the various expenses that are now being incurred in taking charge of the remains of your deceased brother, and advancing the funds ($147 or thereabouts) necessary to be paid to Wells Fargo & Co. as a pre-requesite of the shipment of the remains to you, I shall in behalf of the Public Administrator take letters of administration in our Superior Court. Just as soon as I have done this and have obtained a careful inventory of all the property I will at once report the facts to you. If you have any instructions to give in connection with the estate of your brother I shall be pleased to receive them and so far as lies in my power carry out your wishes and keep you fully advised of every step taken in the proceedings.
I will forward you within a day or two a copy of the Coronor's proceedings, giving testimony and verdict. I shall be pleased to have from you a statement of the names, ages and residences of all the heirs of your brother. He left no will, and under the laws of succession of this State the heirs are entitled to a distribution of the estate, share and share alike. That is to say: The living brothers and sisters take their proportions and the children of any deceased brother or sister takes the share that that brother or sister would have taken if living. For example, if there are two living brothers and one deceased brother leaving three children, each of the living brothers would receive 1/3 of the estate, and each of the living children of the deceased brother wouold receive 1/9.
Respectfully yours,
F. J. Solinsky
