The herald., 1893-06-30
he COULDN'T SPELL,
BUT HIS WILL HOLDS GOOD just
THE SAME.
A Novel Testamsnt Written by the De-
ceased, but the jury Properly De-
cided that He Knew what
He Was Doing.

The sister, nephew sand nieces of Pat.
rick Donohue, deceased, who lived for
many years before his death in San Luis
Obispo county, have failed in their at
tempt to get any part of his estate away
from his widow, who helped him to earn
the $4,000 worth of property he left be-
hind him.
The superior court OF San Luis Obispo
county decided against them some time
ago, and yesterday Supreme Court
Clerk Sesnon received for filing the
opinion OF the court affirming the judg-
ment OF the lower court, from which the
sister. nephews and nieces had APP
pealed. They made desperate fight
for the property, but were decided
against on every point.
Patrick Donohue and his vile were
married in 1859, and never had any
children. At that time Mrs. Donohue
had about $4,000 in money. In MAY,
1870, they began working for wages, be
doing farm work and che household
work, and continued in such work until
October, 1875, receiving most of the timd
$75 per month for their services. About
the time they began they loaned their
employer $1,000 Of Mrs. Donohue's money
at Ia per cent month. This and
their accumulated earnings they in
vested in land. which they afterwards
sold for twice the sum it had cost them.
They bought additional land, both be-
ing named in the deed as grantees, for
$500. Later there were other land
transactions, they constantly increasing
the little fortune which they had built
up together.
About seven years before his death.
Patrick willed all his property to his
wife during her lie. but this will was
lost or destroyed.
He became sick and continued to
grow worse until he died, but few days
before his deathhe wrote the following
paper:
81 Croll de psdro. february 8, 1892.
this Is to serifey that ie levet to mey
wife Real and pnrsnal and she to dispose
70 them as she Wis
PATRICK DoNoHUE.
Upon the trial Mrs. Donohue testified
that the way the curious will was writ
ten was as follows:
$50 when l saw him writing / took
my chair and sat down. 1t was between
o dnd q " CiOCh III balO AtVt thlnHs W hCA
he got through writinT5he nsssed 1t over
to me. He says: 80, Tst's ioI Iyou, for or
you from them, becas knew they
will 90 for you. There thing there
but your own hard eafli.az.sss = &ii,F tell
you what to do with IL. Sellit, put it
in the bank, put it in two banks or put
il in three banks, and sit down and
4ake comfort, and don't be no longer
slave for them"
There was no one to sign the will, and
Mrs. Donohue put it in her trunk, and
did not inform any one OF it's existence
until after the burial of her husband,
when the other heirs, eager TO share in
the dollars OF their relative were dumb
founded by its presentation, and FORTH
with proceeded to try to prevent the
widow from enjoying the fruits of the
many years toll OF herself and her
husband.
They tried to prove that Mrs. Dono-
hue was insanely jealous of her husband
dozen yesrs or go before his death,
and that she thereafter entertained and
often expressed suspicious that he had
or would transfer to others, without her
knowledge or consent, all the real and
personal property which he had con-
veyed to her, and would also dispose Of
his own property 80 that she would get
nothing from it, and would be le # des-
titute.
The sister, niecee and nephewH urged
that thelbadly spelled paper was not q
will, and was procured from Patrick
Donohus by menace, fraud and undue
influence that he was sick and that his
wife constantly importuned, harrassed
and annoyed him, and gave him no rest
or peace until he wrote the paper in
question to obtain peace, and not in
tendingit as his will.
When the case was submitted to the
Jury number of special Issues were
framed for them to answer, and they
found that the document, rudely drawn
and unwitnessed so it was, was the will
of deceased, was written by him freely
and Voluntarily and intended by hifa
as his will and was not executed under
durese or undue influence. The find
inge were approved and the will adj
mitted to probate. Mrs. Donohue being
tnGnphsntly appointed the adminis-
tretrix of the estate.
The opinion rendered by the supreme
court thoroughly goes over the whole
case, and after discussing the law ap-
plicable, at some length, affirms the
judg hent OF the lower court.