The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-28

the last will and testament Of said Mary B. Toand,
deceased, was not subscribed by the said Mary b.
Toland.
(J) That the said document was not subscribed
by any other person in the presence or by the
direction OF said Mary b. Toland.
Co That the alleged subscription Of the said
the presence OF George X. Hooper, the alleged wit
ness 10 SAID subscription, nor in the presence OF
any other person or persons.
an That the alleged subscription of said Mary B.
Toland to said document was not acknowledged by
her to the alleged subscribing witness thereto. or
to any other person. TO have been made by her or
by her authority.
(e) That at the time of the alleged subscribing
/ and alleged acknowledging OF said document, the
said Mary 3. roland did not declare to the alleged
subscribing witness, or to any other person per
sons. that the same was her WILL
90 That the said document not signed by
said George h. Hooper, the alleged subscri bling
witness or by any other person or persons at the
request OF said Mary b. Toland or In her presence.
IN That the said 9AS~lnent offered for pro-
bate as the .Ae> viii ann testament of Mary B.
was no., Hnoly nor at ali ~tten or dated or
signed ~ the hand of said Mary B. Toland.
VI.-Long prior to and at the time of the al.
legged signing of said document 40 offered for
PROBATE as the last will and testament of said
Mary B. Toland, deceased, she, the said Mary
b. Toland was not of sound or disposing mind.
but was wholly incompetent to make any will
or testament.
VU.-Your petitioner is informed and be-
heves and, on such information and belief, al
leges that at the time of the alleged signing of
the said document admitted to probate as
aforesaid, the said Mary b. Toland was not free
from duress, menace, fraud or undue influence,
but she, the said Mary B. Toland, was acting
under the restraint, undue influence and
fraudulent representations of various rela-
tives of said decedent and of other per-
sons whose names are unknown to your
petitioner and whose names he prays
that he may be permitted to insert
such duress, menace, fraud and undue infu-
ence were exercised to the extent of destroying
the freedom OF mind and election by said de-
cedent, so impairing her faculties and judg-
ment, so prejudicing her mind and perverting
her purposes, as to prevent her from making
any will or testament, and to cause her to I'M
Justly and attempt 70 impair all the
alleged making and alleged publication OF
said document.
Wherefore your petitioner prays that said
document, purpOrting to be the last will and
testament o. said Mary B. Tolan, deceased,
offered for probate herein. may be denied pro-
bate, and that the same may be by this court
declared not to be the last any will or tesla.
ment of said Mary B. Toland, deceased, and for
such other relief as may be meet in the prem
ises. WILLIAM GRTDLEY ToIAND, Petitioner.
DELMAS Il SHoRfRIDGE,
Attorneys for Petitioner.
Duly verified by Samuel NJ Shortridge.
Mrs. Trella Toland, in turning her
child's case over to Messrs. Delmas &
Shortridee, requested of them that in so
far as they could waive the rights of the
| boy to leave undisturbed the legacies to
the Hopkins Institute OF Art and to Grace
Church.
| Upon fling their opposition to the pro-
bate of the will the contestants attorneys
demanded jury trial, which was granted.
But as the affairs of the estate require at
tention no objection was made to the APP
! plication of Hugo Toland for special letters
of administration.
The court ordered that the $500 belong
ing to the estate and now in bank be held
there until further consideration; also
| that the administrator file bonds in the
sum of $1,000. The remainder of the estate
is all in real estate. consisting of 1000 acres
of land at Toland's Landing, in Solano
County.