The morning call., 1892-01-31
DAMA'S WILL
SUSTAINED.
Sara 3. Smith Awarded the MU-
sician's Property.
The Decision One Of the Longest Ever Rsr-
dered-Eew Trial Asked o. the Ground
Of Newly Discovered Evidence.

Judge Cofey Of the Probate Department
rendered a decision IN tie famous Dana
viii case Yesterday. He susta,us the Tesla
meut Of the eccentric musician and Mrs
Sara Barker Smiths claim to the estate,
which is valued al $500
On Friday, January %. 1855 Luigi Dana
died 40 his residence, 81 Mason street, and
on January u. 1855, r. w. Burtis applied
for and obtained letters Of special admins
trat.ou upon the estate, which, according 70
the petition fled Jy Burtis, consisted f real
and personal property, tie value and par
ticu5ar character Of which he was unable 10
state.
Tie petition also recited that the papers
and documents belonging to deceased were
supposed 10 be IN lis box in tie safe De
posi-. Building; and that it was necessary
that some person should be Immediately ap-
pointed 10 collect, preserve and take care
Of the same; that there would be consider
able de.sy IH procuring general letters Of
administration, and that the estate required
immediate care ana attention; that Dana
was unmarried and left no heirs or relatives
ia California. that the petitioner mad made
due search aud inquiry for The purpose Of
a>CeriaLiug whether the deceased left a
viii, and from the information received % G
petitioner believed a VIII 20 be among tn e
G-eedent's papers in the Safe Deposit
Binding.
On January 80. 1883. petition was fled
signed by sara Barker smith and Frank j..
French, her attorney, which set out that she
was a resident II san Francisco, Cal, Of
IaW1ui age, tile petition Teclted the facts OF
the death and residence Of Luigi Dana and
tuat the decedeuj left VIII dated at san
francisco, the o-h day Of MAY, 1887; that
said viii was left ia the possession Of the
petitioner by the testatUT after IT'S eXecu-
ton. and she believed and alleged Il 10 De
81, last viii and testament and the same
was fled simultaneously with the petition
au1 presented for probate
LUIGI DANA's WILL.
Following is the will:
hnOw ~ men uy these presents that !, Luigi
DINA, az san Francisco, State OF California, b.
ing Ui sound mlud. but feeling the uncertainty Of
l.e DO hereby make my last VIII aud testament.
After NY just debts, DOCTORS bills aud funeral
expenses snail be paid ] give and bequca b:
trst-I desire 20 have my body enbalmed and
luird by Tie side Of my dear laWeuted wife,
Wealthy b. j. Dana, 30 Bath, Maine, aud that
10 bc paid Out OF NY estate.
secondly do hereby give aud bequeaih
$1,000 20 TIE Stabllmento dell AGnuuzlata,
Naples Uaiy
thirdly give aud bequeath the sum OF $1,000
10 Andrea MauZO del IN SIm0ue, Naples Italy,
but lu case Uf hIs dcceaSe tie same sum 10 Tie
Slabd.meuio deu Auuuuziaja, Naples, Italy,
FOurhly-I desire that ali thu jewelry con
iained iu tie Sale Deposit IN Boston, Mass
watch, gold chains, diamond studs UWO palrs)
with solitaire diamonds each, a bIeasJ-pIn with
nine diamonds ana three pearl studs; also
eleven Az Government bonds OF United States
al America 1000 OO) aud two Of i've hundred
each $500 OOJ and q ring with large solitaire
diamond. All those ate my property. which be-
queath TO Mrs. sara Barker Smith, living at
present DO Sdl Francisco, State Of California.
EHbIy-In the aforementioned safe Deposit
lu Boston, Mass, contains also a bracelet o. ma
IueGted with diamonds and inside portrait;
ing, also O.namented Will diamonds a3d-an en-
erild stone m the middle OF &c. These TWO atit-
Cles belong 10 my dear beloved wife, Wealthy b.
). Dana, which were bequealhed 10 me by her.
] desire these TWO articles 10 be sold and The
amount Of what it Will bring 10 be disposed Of By
tie eXeculriN Mrs. Sara Barker Smith, for a
Charity purpose. az she thinks the best.
SlXthly-In Tie Sale Deposit IN san Francisco,
STATE aud County OF California. contained Valu-
liable papers, land contract between william T.
Cummins and myself, Luigi Ddma four deeds
Of land bought from railroad company, Of go
acres each PAID one NTH by myself. Luigi Dana.
Also tile deed Of lie lana on JACK sou street aud
Pacific avenue, GS % feet front on either Of Tie
streets aud ESQ feet Oh depth, bought from Mr.
Davis Tor Tie sum Of 900 paid cash on tie