The morning call., 1894-10-04
PARKER'S CODICIL.
Basis of an Interesting
Lawsuit.
BROUGHT IN SAN JOSE.
Papers Filed by the Widow of
His Only Son.
SHE MAKES STARTLING CHARGES
The Case Is Strange One, That Will
Develop Many Family Compile
cations.

SAN JOSE, Oct. 3.-Papers were filed in
suit to-day that promises much in the
revelation of the family affairs of Edward
L.. Parker. deceased, and his widow, Emma
L.. Parker, who begins a contest Of the
Will OF the late George III. Parker, who
died 10 this city OF injuries received in a
runaway accident on August II, 1898
Parker was an eccentric little cid man
who had accumulated $500, 600 worth OF
property, most of which is located in San
francisco Some is found in Alameda
County and considerable Is in Santa Clara
County. Parker left will, by the terms
OF which he bequeaths $4,000 in cash and
the rents and profits of the Parker House,
1122-1124 Market street, San Francisco. to
his only son, Edward l.. of Hartford,
Conn, in the event he should survive his
wife. In case he should not survive her,
Jane Pomeroy was made residuary legatee
OF one half he also made provision for
oilers. among whom he distributed $780,
600, including three charitable institutions
III this city. In c0dicil he revoked be-
quest of $4,000 to the Unitarian Church, and
in asecond codicil he changed the bequest
to his son so as 10 give him $500 per month
during his lifetime. The executors ma med
are Volney d. Moody, Charles E. Wilson
and ]. r. Patton.
The story upon which the contestant,
tho widow of the testator's son, bases her
petition for the revocation of the will
taken from the voiumiDiouS plesdings is
briefly that on the 14,h day of December,
1888, after the death of the testator, his
son. the hus band of the contestant, died at
the city of Hartford, In the State of Con-
necticut; that Edward l.. Parker, before
his death, made his last will by which be
appointed the contestant his sole legatee
and devsee and eXeeutriX thereof; that
said will was duly admitted to probate in
the District Court OF Hartford, and letters
thereon issued 10 contestants; that there
after. on Sertsmber IA, 1894, contestant
filed in the Superior Court of San Fran
cisco duly authenticated copy of the will
of Edward l.. Parker, and the same was
admitted to probate on September 20,
1894. and contestant was appointed exeeu-
Tx in this State OF the will. 1t is further
alleged that Edward l.. Parker and con-
testant were married 10 New York in
June, 1873; that at the time of his death
he left his widow as the only heir; that
she is by right OF succession to her said
husband the sole helr-at-law of George H.
Parker and that therefore she is interested
10 the estate.
The legatees under the pretended will
and its codicils are: Edward l.. Parker.
deceased; five children of Marshal Pome-
roy of Santa Clara, Lizzie Sykes, Henri
eta Sykes, Jane PomerOy and Myra
Allen. of Connecticut; Mrs. F. c. Barta,
Mrs. DR.. Sage. Augusta Butler. c. NJ
Wooster, Marshal Pomeroy. the Home of
Benevolent, the Sheltering Arms Society
and the First Unitarian Church of San
Jose, who are given some $500 in the
aggregate.
The contestant charges that the alleged
will of Parker is not the will. for when
executed in October, 1892, and at the
times when the codlcils were signed he
was not of sound and disposng mind. He
was possessed at those times of insane de-
lusions, especially toward his son and the
contestant. Another ground of contest is
alleged fraud that was pr0fessed to be
made through Jane Pomeroy, Noah Pome-
roy, her husband of Hartford, and Mar
shall Pomeroy of Santa Clara. Mrs. Jane
Pomeroy is sister of the iestator.
Edward L. Parker is the only issue of
the deceased's first marriage and he was
brought up by Jane and Noah Pomeroy,
who treated him as son until the time of
his marriage. Parker ST. came 10 California
in 1855 and began amassing his fortune.
All the lime up to 1873 be deceased con-
tributed large sum for the education of
his son upon the pretended advice for his
benefit from Jane Pomeroy and her hus-
band. Thus they began exercising great
influence on the mind of Parker Sr. re.
garding his son. Shortly after the mar
rage of Edward Parker, Jane and Noah
Pomeroy took violent dislike to the con.
testant and conspired to ALLEVIATE the affec-
lions of the father for his son and pre-.
venting him from receiving any of his
estate. so that it might be obtained by
them, ana they even encouraged discard,
separation and divorce. They are also
charged with circulating scandalous
stories of the marriage of Parker Jr. and
are credited with having falsely reported
that the contestant was shiftless, unchaste
and uufaithful to her husband. resulting
in that the contestants husband was living
life Of disgrace and shame and had be.
come intern perate aud was extrayagantly
spending money on wine-suppers and high
life in Hartford.
Marshal Pomeroy, who is brother-in
law Of the testator, residing at Santa
Clara, is charged with urging the testatol
10 confde and trust in the statements oil
Jane and Noah Pomeroy in that he told the
old man that whatever Jane aud Nnat
Pomeroy said was as good as lew, and The
old man insanely believed it. The tire.
separate grounds upon which the revoca.
ton is sought are insanity. fraud and un
due influence. and n. Bowdep, who i,
associated with T. c. Coogan of Sar
Francisco in The contest. says when thu
court begins the inquiry much more inter
estpg matter will be developed.
Mrs. Parker has been on this coast abou
four weeks working or the case, and to
day returned to her San Francisco home
her attorneys having procured citations, t
issue from Judge Lorigan's court citing tn,
executors, devisees. legatees and all othe
interested parties to appear in court wheI
the contest will commence on January IS
1895. the hearing for the revocation of tn,
ill having he en set for fbat DIV