The San Francisco call., 1895-10-09
ONE WILL OF MRS, LUX.
The California Safe Deposit
and Trust Company Files
q Petition.
SERIOUS CHARGES OF FRAUD.
Provisions of an Instrument Made
in 1892 - Said to Be the
True VIII.

Another phase in the Miranda w. Lux
will case is to occupy the attention of the
probate department of the Superior Court.
1t is petition that was filed yesterday by
,Gunnison, Booth & Barnett on behalf of the
officers of the California Safe Deposit and
Trust Company, in which the court is
asked to set aside the will already ad-
mitted to probate and which is being con-
tested by Jesse Sheldon Potter, the son OF
the deceased and the heir-at-iaw.
The petitioner alleges that the will now
before the court is not the will of the de-
ceased and in the complaint sets forth:
That Miranda w. Lux was unduly Influenced
while in weak, diseased and unfit mental
condition by Thomas B. Bishop, AFRO n. Lewis
and Miranda w. Lewis, Thomas B. Bishop be-
ing the legal adviser of Mrs. Lux; that Mrs.
Lux, while suffering from cancer OF the stom-
ach and other disease became weakened in
mind and body and susceptible to prejudice
and TO the influences and articles OF designing
persons and particularly to the articles and
influences of those Immediately around her
and who possessed her trust and confidence.
That the parties named induced Mrs. Lux to
make will in such form that after her death
the estate might be placed and held in trust
for a long period of time, and that the provis-
ions of SAID will should be so framed that very
large profits, remunerations and benefits
should accrue therefrom and Hereunder TO
them and each of them.
That pursuant to their design Mrs Lux made
a will contrary to her wishes. but pursuant to
theirs: That Bishop, in January, 1888. became
acquainted with Mrs. Lux, and soon thereafter
became her attorney and supplanted all her
attorneys and became her sole legal adviser.
The petitioner further alleges, on informa-
ton and belief, that said Bishop, when he had
become the sole adviser of said decedent pro-
ceeded TO conspire and combine with AFRO n.
Lewis and Miranda w. Lewis to obtain entire
and exclusive influence and control over the
n sal and n
turn such influence and control to the ac-
complishment of his and their own selfish
son of said deceased, Jesse Sheldon Potter, and
In the accomplishment of this purpose
the said Bishop obtained possession of the said
Will and testament, as aforesaid, made by de-
cedent, from the custodian thereof, to wit, your
petitioner, and upon receiving said document
and learning its contents said Bishop, A. n.
Lewis and NJ. W. Lewis, as petitioner Is in
formed and believes. and therefore upon and
according to its information and belief thus
alleges, conspired and contrived to accomplish
the execution by the decedent of the docu-
ments admitted to probate as her last will and
testament and with the intent to thereby su-
persede her true will by one of their own
making.
The petitioner charges further that the
parties named by false representations ex-
cluded as much as possible from her So
clety her son and his friends, and sue
ceeded in keeping the son from seeing his
mother except at rare intervals, and then
only for few minutes. After giving the
value of the estate and detailing at length
the manner of carrying out the alleged
conspiracy the petition says:
Your petitioner is informed and believes that
said Thomas b. Bishop kept and held posses
thereof from the time of the illegal execution
of the same to the time of the death OF Mi
randa w. Lux, and thereafter willfully and
fraudulently withheld and suppressed a por-
tlOQ thereof in said gpheTpa
conspiracy, and has never presented the same
for probate.
The petition charges that beuuests to
charity in the alleged will filed for pro-
bate were for the purpose of Disgusting
any appearance of undue influence.
The petitioner sets forth that he was, in
conjunction with Jesse Sheldon Potter, ap-
pointed executor of the true will of Mrs.
Lux, executed June 10, 1892, and witnessed
by three subscribing witnesses, and that
at that time she was of sound and dispos-
ing mind. This will and codicil, 1t is
charged, are in the possession and control
OF Bishop.
1t is set forth that under the true will,
Mrs. Lux bequeathed to her son $l0O, 600;
to Sarah Loveland, her sister, and Jere-
miah Sheldon, her brother, $4,000, with
certain provisions in case of death of the
parties named; to Mary C. Hubbard of
Wakefield, r; l., $1,000; Emily King of
AiOfiOSHGS, h L. 9lVVJj WIQOW OF Alex
ander Potter, Providence, R. l., $500; to
her nieces, Miranda w. Lewis and Martha
A. Cook, $50 900 each; to her niece Eliza
beth Z. Allen, $1,000; to Jeremiah Sheldon.
nephew, $1,000; Georgiani l.. Langworthy,
niece, 5000; and John L. Sheldon,
nephew, $4,000.
The petition then sets forth that the
petitioners are by the will required to hold
certain money 1t trust for specific pur-
poses for the benefit of William H Shell
don, the children of Emma Scott KENYON
(deceased), Charles F. Searle of Fall River.
Mass; Nellie NJ. Wordell daughter of
Searle; Nathaniel SearIe, Anne Searle,
Alzada Place, William Il son of Martha S.
The petitioner is also required bv the
will to pay:
City, $4,000; Old Peoples Home, $4,000; Pa
cine Hebrew Asylum, $4,000; Hospital for
Children and Training School, $1,000; United
Free Library of Chepachet, R. l., $500; to John
1. Sheldon, Sarah w. Miller, Annie Robinson.
Isabella knight, Sarah B. Cooper, Nellie Nickel
$4,000; Edward Potter, Harriet Wilson, ]. II
Bolton, Edwin G. Rudolph and David Brown.
$1,000 each; to the California Safe Deposit and
trust company $5o, 900 IN trust for her grand
son, Jesse sheldon Potter; to the Congrega-
tional Church of Chepachet, $500; Associated
Charities Of Il San Francisco, $4,000; Mary Ander-
son ana Congregeuonal church of North
Schtuaie, X. l., 5000 each; Home for Feeble
Children at Glen Ellen $4,000.
The petition closes by asking that the
court ''set aside the order admitting the
said pretended last will and declare the
same null and void" and that the letters
testamentary issued to T. B. Bishop and
A. N. Lewis be revoked, and to make sucn
order as may be fitting to compel the pro-
duction OF the last will and testament of
deceased dated June 10, 1892.
The petitioner has copy of the will of
June 10, 1892, and will ask that the same
be probated If the original is not produced.
The petition filed yesterday was made of
record for the purpose of protecting the
rights OF the parties named IN the will of
June 10, 1892.