Los Angeles herald., 1891-07-04
THE COURTS.
A PECULIAR WILL CASE DECIDED
YESTERDAY.
An Attempt to Construe Letter as
VILLA Bad Cabin Boy Arrested-Court
Notes.


Notes.
In department two of the superior
court very interesting opinion was
yesterday rendered by Judge Clark, in
the matter OF the estate OF Cosmo B.
Richardson, deceased, the property in
question being valued at $50, 200.
Deceased had never made formal
will, but letter written by him to his
sister Nina Richardson Hardee, at Sa-
vannah, Ga, was offered in probate and
an attempt made to establish its valid
ity as an Geographic will. The letter
was headed and dated simply as follows: !:
"Los Angeles, Cal, Oct. 1st-90. Nina"
and was signed Brother" In the let
ter, the writer stated that he had
reached the point of perfect indepen-
dence, but that his health was probably
ruined. He wished, he said, to antici-
pate possibilities and was to leave at
once for Savannah, where he intended
that he would make his sister and her
children heirs to all he had.
This letter, when offered in probate,
was contested on the grounds, first, that
the words "Oct. 1st, co." do not consti-
tute date as required by the code, and,
second, that the single word Brother"
was not sufficient for a signature.
On this latter ground the letter was
ruled out, Judge Clark in his opinion
holding that while the handwriting was
conclusively shown to be that of the de-
ceased, the omission of even the writer's
Christian name was sufficient to show
that the letter was not intended as. a
will or testament, this point being
given additional force by the fact that
deceased was himself an attorney and
knew the requirements of a legally signed
document. The petition of Mrs. Hardie
for letters testamentary was therefore
denied.
ABAD CABIN BOY.
Joseph Sanuki, sailor employed as
cabin boy on board the coaling vessel
Enoch Talbot, now lying in harbor at
San Pedro, was arrested by Deputy
United States Marshal Anderson and
brought before United States Court
Commissioner Van Dyke yesterday ON
charge of having destroyed ships stores.
The complaint was made by Captain
leges that while cruising since March
80, the cabin boy managed to make
way with large quantity OF canned
goods, the same being the property OF
the ships owners. Bonds were fixed at
$500 and in default of that amount
Sanuki went to Jail to await his examin-
alton before the commissioner on Thurs
day next.
COURT NOTES.
Department five of the superior court
yesterday adjourned till August 10th,
when it will be re-established in its
new quarters at the county court house.
On Monday next the calendar of this
department will be called in department
one and cases will then be reset.
Judge Mckinley, yesterday, allowed
Judgment on two mortgages, each for
$1,000, in the case of the Milwaukee Fur.
niture company VS.. w. r. Norton. te
In the case of Glassell VS.. Jones ct al.
Judge Wade, yesterday, granted judg-
ment as prayed, in the amount of $4,000.
An order was issued from depart
ment three, yesterday, requiring. the
sheriff to at once secure venire OF forty
men for the new term trial jury.
Mrs. Neva Lewis was yesterday
granted divorce from her husband, D.
G. Lewis, on the grounds of intemper-
ance, cruelty, etc. The writ will be is
sued from Judge Van Dykes court.
In the city Justices court, before
Judge Owens, a jury, yesterday, found
F. w. A. Rasmus not guilty on charge
of petit larceny, and defendant was dis
charged. Rasmus was accused of hav- 1
ing stolen policeman's night stick or
billy from the office of the Pico house,
but produced witnesses who upon oath
established the fact that he found the
instrument of death and destruction out
near Westlake park.
In the circuit court papers were yes
terday lied in case entitled Daniel G.
Wilgus VS.. the Harper & Reynolds COM
pany, in which the plaintiff sues for
$4,000, charging a willful infringement
of patent owned exclusively by him
self. The article patented, and of which
plaintiff claims to be the inventor, is u
lawn sprinkler of peculiar design, now
being manufactured and sold, it is al
legged, by the defendants.
United States District Attorney Cole,
yesterday, filed an amended complaint
in the case of the United States OF
America VS.. E. A. Preuss ct al, pro-
ceedings. in which were recently insti-
tuted in the United States circuit court.
The complaint as amended is the same
as the original with the exception that
the amount of judgment prayed for has
been reduced from $4,000 to $664.S2, the
exact sum which, it is alleged, was un-
warrantedly disbursed by the ex-post-
master during his term of Office.