The morning call., 1893-01-08
SOBERANES' CASH.
The Supreme Court Decides
in Favor of His Son.
No Undue Influence Was Used When
the Mother Decided Her Prop
erty to Abel.

The Supreme Court yesterday affirmed
the judgment of the lower court in the case
against Abel Soberanes, who procured from
his mother. Isabel Soberanes. a transfer Of
real estate valued at 100000 in May 1890,
and he will retain the property.
An action was brought alleging that Abel
Soberanes exercised undue influence and
artiul schemes to secure this property,
which latter consists of land in Monterey
County, lots In the town of Monterey and
900 head OF cattle.
The Superior Court of Monterey County
held that no undue influence was exercised.
that Isabel Soberanes made the transfer as
gift, and that the deed was executed by
her freely and voluntarily.
The facts of the case as set forth In the
Supreme Courts decision, which is signed
by Justice Paterson and coDcurred In by
justices Garoutte and Harrison. are as
follows:
Francisco Soberanes, the husband of
Isabel, died in 1887, leaving real estate and
personal property of the value of 5000 600.
During the latter years of his life he was
mentally infrm and surrendered the man
agement of his business to his son Abel the
defendant in the case.
The latter's administration of the fathers
business was not satisfactory to the other
children, which led TO a family estrange-
ment.
Soon after Francsco's death family
council was held, and, after much quarrel
ing the administration OF the estate was
entrusted tn a stranger.
When the final distribution was made one
half OF the estate was given to the widow
and the other half to the children, six in
number. in equal shares.
4 bel continued to reside with his mother,
H. IL. - s. . ~
adviser. assuming absolute control OF her
business. she being incompetent, unedu-
Gated and llliterate.
Some OF the other children continued to
be hostile to Abel, but the mother refrained
from taking any part in these quarrels until
the breach widened and she became gradu-
ally estranged from all her children except
Abel and married daughter
While the disputes mentioned were pend
ing Isabel declared that she would give her
property only 10 such of her children as
would adhere to her, and in pursuance of
that resolve she decided TO Abel the land,
upon which the complaint is based, and to
his sister 500 head of cattle.
The witnesses present when the deed was
executed stated at the trial that she was
fully able 10 comprehend ana understand
tie nature of the transaction and made the
deed freely and ntelligeuty.
The Supreme Court, in affirming the lower
courts judgment. lays stress upon the fact
that the age of Isabel Sober MS IS 30. a
controlling fact in the case, and in doing so
the opinion says:
''Sone of the greatest men of modern
times have displayed the highest abilities
after passing the age Of three score and ten.
Notable instances of this are found in the
lives of Disraeli, Gladstone. Bismarck and
Lord Mansfield. who left the bench ut the
age of 81 chancellor Kent wrote his great
commentaries after he had retired from the
bench on account of having res chpd the
period In life fixed by the constitution for
judicial superannuati0n."