Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-07-06
LOCAL INTELLIGENCE.
TIE BILLINGS WILL CASE.

TIE BILLINGS WILL CASE.
i. /. Billings, well-known citizan, died
suddenly of heart disease in this city on the
23d of January last. Three days thereafter
document which was said to be the last viii
and testament was discovered among the pa.
pers of the deceased. The heirs all resided
in the East and Canada, except one sister,
Mrs. Clark, who resided on farm of the
deceased in Yolo county. On the 18th OF
February the Court heard the application,
and no one appearing TO contest, the paper
referred to was admitted to probate as a
will 1t was written in pencil on one OF the
letter heads of E. L. Billings & Co., whole
sale liquor dealers. Apparently it was writ
ten in the handwriting of the deceased, with
some interlineations made in the same hand
writing. The paper was not witnessed by
any one, but merely bore the signature of the
deceased. Photographic wills, to be valid,
according to the statute should be zen
tirely written, signed and dated by the
hand of the testator himself, and
the Supreme Court has construed this Ian
guage heretofore, and held that every part of
a Photographic will must be in the handwriting
of the testator, and that If any part is in
print or in the handwriting of another it is
not valid. The letter-hesd referred to had
printed thereon the word Sacramento and
figures 1882, leaving space between for the
month and day. The only written date in
the viii, if such it may be called, was April
lst. Shortly after this document was ad-
mitted to probate, several of the sisters,
heirs.at-lsW Of the deceased, employed Judge
S. G. Uenson to represent their interests in all
matters appertsining TO the estate. On the
2lst Of May a petition WAS filed by Mrs.
Hauver, a sister, for the revocation of the
probate and the setting aside of the will, set
ting forth numerous reasons why the same
was invalid. Early in June the case was
tried, argued and submitted. Yesterday
Judge Mcfarland fled lengthy opinion
Reviewing the facts of the law In the case, sus.
tanning the petition of the contestant, and
ordering q decree entered of record revoking
and annulling the probate of the will and re-
calling and canceling ths letters of admins
tration heretofore issued to Louis NJ. Billings,
and requiring him TO account for all the
property and money in his hands, but did not
fix the day for the rec0unting. Counsel for
l.. NJ. Billings gave notice of appeal to the
Supreme Court, and commended that it was
not necessary for them to execute an appeal
bond. claiming that the bond fled by Billings
as administrator was responsible and all-suf-
fcient Counsel for the heirs contend that
no appeal can be taken unless o new bond
double the amount Of the value of the per-
sonsl property Is given, and that no stay of
proceedings can be had without its immediate
filing. They also gave notice that for good
and sufficient reasons they should ct an early
date apply for the appointment of new ad-
ministrator. The estate is valued at about
$3.50 600, and will now fall into the hands OF
the Public Administrator, which it seems is
the disposition Of the matter desired by all
the contesting heirs.
LAST NIGHr's FIREs.-At $50 P NJ. yes
terday sn alarm of fire was sounded from en-.
CINE house No. 2, on Tenth street. The fire
was on the roof of one Of the new buildings
being erected on the southwest corner Of
Eleventh and l streets, and was extinguished
before the department, which responded
promptly, arrived. At p. VI. an alarm was
sounded from box Al, Ninth and L streets.
A FIRE was discovered in the residence Of
Thomas Stevens, three doors from the north
west corner of Ninth and l.. which was
caused by the exploding of lamp in a back
closet. No. l, whose engine house is on
Second street, between X and L, were first te
- =
property of VIM. II. 0'Brien, The loss was
about $3.50, and fully covered with insurance
VINO FIRED THE SHOT About o'clock
on the evening of the Fourth W. J. Mcclellan
was shot at Second aHd l. streets. The bal
entered the hip and ranged around toward
the groin. He was conveyed to his home in
Charles Heisen's building, on the southwes!
&c
immediate medical attention. The wound
was probed, but the ball could not be found.
Mr.. Mcclellan is q man of family, and q
painter in the railroad shops. So far he has
declined to make any statement regarding the
shooting, and the entire affair is shrouded in
mystery.
THE STATIoE-HoUsE SLATE. - When the
reporter called at the station-house at L
o'clock last night he found the following writ.
ten on the slate: James Anderson, drunk
Willie Collier, grand larceny Lorinda Wash.
burn, misdemeanor {; Indian Bill, safe keep
ing William Love, a fat, hearty and healthy
beggsr; Robert Hunter, common drunk
John Dearst, safe keeping James Bartlett,
James Lawrie. James Baker, Charles Kohl,
Frank Lewis. Frank Fisher, Frank Adams,
William Clark, George Fox. John Wilson
and Joseph Winters, vagrancy.
AUCTION NEXT TUEsDAY.-Bell & Co.,
auctioneera, viii at 1880 A. NJ. on Tuesday,
July l0.h, sell The contents Of two houses,
removed for convenience of sale to the large
hall on Sixth street, between K and l., con.
sistiDg in part as follows Elegant marble
top bedroom sets. clipper-edge spring beds
and top mattresses, one elegant sideboard,
walnut extension table, two center tables.
walnut chairs, two large easy chairs, bed
lounges, carpets, kitchen furniture, No. Z
range. crockery and glassware, one lawn
mower.
POLICE CoURT.-Yesterday in the Police
Court Judge Henry fined John Mahoney,
who had been disturbing the peace, $40.
Robert Snork, charged with being drunk,
failed to answer to his name, and his deposit
of 50 was declared forfeited. The case of
Charles Coopey, charged with having drawn
and exhibited deadly weapon, was continued
until today, as was also that of LinseY Ru-
dolph, who tried to carve McMshon with q
dirk on K street on the evening of July Sd.
AUCTION To-DAY.-Sherburn & Smith, AUG
tioneers, will sell at II A. N. to-day. on the
premises, for V. T. Miller, few rods east of
Thirty. first and 81 streets, and adjoining the
Heilbron tract, good milk ranch Of twelve
acres, together with good frame house of
seven rooms, large barn for hay, and stalls
for about sixty cows; windmill and 8
10 000-gallon water tank, underground water
pipes for irrigation, good cellar. chickens,
out-houses, etc.
OPEN-AIR CONCERT To-NIGHT.-The Hus-
ear Band will give an opsn.sir concert at
Capitol Park this evening. The following
programme of music will be rendered :
March, Tempest :" overture, "Dedica-
ton :" waltz, sounds from the Heart y
quickstep " Nakokus y polka. 'Cymbeline :"
overture, Harlequin :" schottiSche, Rock
land :" " Hons, Sweet Home"
FoR PICSIo -Chesleys unriyalsd CLUB.
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