The morning call., 1893-12-21
A WILL CONTEST.
The Estate Left by an
Old Californian.
Stabbing ARRAY Near NiIes-Mayor
Pardee Wants a Lawyers Opin-
ion on the Anti-Gate Law.

OAKLAND.-some of the Oldest California
families are involved in the contest which is
about 10 be had over the estate of Incarnation
de Ayala The dead woman was originally Of
he Galindo family. whose holdings at one time
included gOodly portion OF Contra Costa
County. Her first husband was Vincente Pc
ralta. who held the Mexican grant 10 about all
of what is now Alameda County. Peralta died,
leaving no direct issue, although he and his
wife had adopted several children.
Then Mrs. Perata became Mrs. de Ayala
ana when she died her once grand estate had
diminished until 1t was valued at about SIG 900.
She left no Will, as it was then supposed, and
the hus band applied for letters of administra-
tlOn upon the estate. Under the law he would
be entitled TO one-half of IL and the brothers
ana sisters of the dead woman TO the other
half.
Later a Will was found and presented for pro-
bate and, strange TO say, the husband is himself
one OF The subscribing witnesses to this will.
Augustine GaIindo, a brother OF Mrs de
Ayala, and Patrick Peralti, her adopted son,
now appear by their attorneys TO contest the
validity OF this viii. If Mrs. de Ayala died IN.
testate they VIII receive some of the estate.
But the Will cuts them of. IL will be claimed
that the Will is not genuine and that aI the time
1t was executed Mrs. de Ayala was not COM
petent TO make Will. Undue Influence Will
also be charged. Next Tuesday the question
as TO whether or not the alleged Will shall be
admitted to probate VIII come up in court, when
the contestants will probably make an appear
ance.
Stabbed in the Back.
Nike Carroll a ranchhand employed near
Niles, received knife blow yesterday afternoon
which may prove fatal. Adjoining the ranch
upon which Carroll was employed was young
EnglShman, who was working for Alexander
Morris. Carroll and he had a difference over
some trivial matter and were at swords POINTS
Yesterday afternoon they met on the rOad about
mile from Niles. The difficulty was renewed.
and the Two started TO pummel each other will
their hsts. Carroll knocked his man down,
and then the young Erglshman arose, pulled a
knife and jabDed 1t into CarrOlls back between
the shoulders, iuticting trlghIful wound.
The Englishman came directly 10 Niles and
gave himself up and Carroll was brought to
Niles, where DR.. Keeler dressed his wound,
which Is OF a serious character.
The Mayor Wants Light.
Mayor Pardee has asked the City Attorney
for written opinion as TO the validity of the
Dow anligate ordinance, which Is now in his
hands, and which only requires his signature
10 make it a law of the city.
1t was expected that the Mayor would sign
the ordinance without any questions being
asked, and his failure TO do so has created some
talk.
The City Attorney has already given a verbal
opinion TO the effect that the ordinance was not
worth the paper 1t is written on. Mayor Par
dee has given IL out tnat he will either approve
or veto The ordinance on Saturday, but he de-
elines TO state as vt what be Will do.
Claims He Was Defrauded.
d. ID. Hayes. the capitalist, has been sued on
prOmisSOry note for $500, and he proposes
TO beat the note If be can. as he claims that he
has been cinched. The uOte was given TO j.
w. GtTVin " Co., the insolvenJ San Francisco
rubber firm, for half interest in their Oakland
business. A short time after Mr.. HAYES bought
IN the firm OF Girvin & Co. failed, aud the
Hayes note passed into the possession of W. ID.
FoOte, as the assignee. Hayes declined to pay
The noe and Foote has sued upon IL. In his
answer Hayes aleg- 5 that when Grvin indnced
him TO buy into the firm IL was insOlvent; that
he never drew down one dollar as profits. He
further alleg that he gave up the note and re-
CelYed no return.
Suit Compr omised.
Edna A. Price was injured In an accident on
the Oakland Consolidated Electric Steel Rail-
ROAD. She commenced suit for $4,000 dam
ages. but II has been compromised and was yes
ierday Withdrawn. BY the compromise she re-
ceives $3.50 In cash and an allowance Of $3.50
for her doctor bill.
Death OF n Pioneer.
Otis V. Sawyer. an old pioneer OF California,
died yesterday morning a the residence OF his
daughter. Mrs. A. e. Schlesinger, 1907 Filbert
street. The deceased was for a long time a
notary public in San francisco. he had many
friends throughout the State. He had reached
The ripe age OF Il.
An tnsolvsnt Preacher.
Rev. J. H. w. Harris, clergyman. mas filed
a petition IN insolvency. In his petition he
scheduled his liabilities at S4440 and his
assets as nil. His creditors are forty-five IN
number ana they are scattered all over Ala
media County.
A Murderer's Condition.
Pacing Billy Butts. the double murderer r,
stands most promising chance OF defeating
the scaftoid. be may die. In fact his condi-
tion right now is very low.