The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-10
THE MARTIN WILLS
Legal Contest at Last
Commences.
ALL THE PARTIES IN COURT.
Dispute as to Which Party Has
the Right to Open.
DECIDED IN THE WIDOWS FAVOR
ALL THE PARTIES IN COURT.
DECIDED IN THE WIDOWS FAVOR
She Is Regarded as Contestant and
Has the Burden of Disproving
the Second Will.

The Martin will contest is on trial at
last. After repeated cOntinuances all
parties assembled before Judge COfley
yesterday, and this morning the work of
selecting a jury will be entered upon.
It vii! be rememb ered that Henry Mar
tin died in the early spring of last year.
leaving behind him fortune OF between
$780, 600 and 100000. Shortly after his
death a will bearing date May 16, 1890, was
produced, which beuueathed everything
the testator died possessed of 10 his widow.
May Z. Martin. This will was duly ad-
United TO probate on April II, 1898.
Some months after that petition was
filed by Mrs. Isabella Martin, sister-in-
law of the deceased, seeking the admis-
sion to probate of a second will that had
Just been found. This second will bore
date February %, 1898, very short time
before the testatOr's demise, and be-
Queaihed half the testator's property to
his nephew, John B. Martin Jr., the H.
fant son of the petitioner.
This is the contest which it will be the
business Of a jury in Judge COffey's court
to decide. Mrs. Isabella Martins counsel
first engaged in the case were General ~.
b. /. Barnes, eX-Judge Williams and Car
roll Cook, and il is only few weeks since
they created a sensation by Withdrawing
from the case. They pleaded the uncer-
tain temper of their client. Mrs. Isabella
Martin, declaring that they could get her
to agree to nothing. So they felt they
could no longer do justice to the case.
General Barnes. before retiring, made
an earnest appeal to the court to appoint
some one to look after the Interests of the
innocent child whose claims to a share of
his late uncle's estate looked like falling
10 the ground Tor want of legal support.
Eventually the case was continued for a
while, to enable Mrs. Martin to secure
fresh counsel to fight the cause of her in
FAINT son. Counsel were found, given
reasonable time to pre- pare their case, and
when court convened yesterday morning
Grove L. johnson of Sacramento, Critten-
den Thornton, T. Il. MeUZbacn and Walter
H. Linforth were found ranged beside the
prouonent Of this second will The widow
was represented by Arthur Rodgers, ID. III.
Delmas, William Craig, j. II. Meredith
and 4. HeyDemann.
As soon as the case was called on there
was dispute as TO which Of the parties
was TO be deemed The contestant in the
case, the proponent of the first will, or the
party seeking to establish the second.
Arthur Rodgers claimed as contestants of
the second Will his party had the affirms-
tive. This position was strongly com bated
by Grove L. Johnson. who maintained that
he had the right to open and close the case
on behalf OF his clients.
In support CT the point urged by Mr..
Rodgers Mr. Dslmas made lengthy and
elaborate argument He maintained that
the whole ONT at bar was the establish
ment or uOn-establshment of this alleged
second will OF Henry Martin. Now, even
c0nceding that the second Will was estab-
lished, that admission did not of necessity
inyalldate the first will already admitted
mr. hot arTv hof mil lie
would then have to be admitted, and the
provisions of each carried out az far as
possible as representing the wishes of the
deceased testatOr.
Mr.. Demas quoted number Of authori-
ties in support of his point. and at the
conclusion claimed the right TO open and
close the case on behalf Of the widow, the
proponent o. the first will.
Grove L. johnson replied. BE made
long argument. endeaYOTlng to show that
Nh Delmas had wrongly Interpreted the
law on the subject. He said that as the
prODonent of this, the second will of the
testator, on him lay the burden of proof,
and to him was given the right of prece-
dence.
Judge Coffey held otherwise He said
that not long ago he had himself decided,
and SO had the Supreme Court, a similar
point. As the first thug TO be done in this
case was 10 establish the second viii, the
proponents of the first will stood IN the
light of contestants to that will. On them,
therefore, lay the burden of proof, and to
them must be given the affirmative. Grove
L. Johnson excepted to the Judges ruling,
and further proceedings were continued
Until this morning, when the work of en-
paneling jury will be commenced
During the days proceedings Mrs. Isa-
bella Martin sat a silent though interested
spectator. Her youthful son and heir had
the scorn of childish innocence for the
whole business, and pranked and played
about bis nurses knee. JOnn B. Martin
Jr., atat 4, evidently did not know what
deep Interests of his were st stake.