The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-06
CONTEST OF A LUX WILL
Jesse Sheldon Potter After
His Mothers 100000
Estate.
properly Influenced by T. 3.
Bishop and Others.

Jesse sheldon Potter, the Lux estate ad-
ministrator, has begun a new feature of
the already famous litigation by demand
ing the revocation OF the Miranda w. Lux
will. His petition was filed in this Oity
yesterday.
Mr.. Potter alleges that Mrs. Lux was of
unsound mind and that she was unduly
influenced. He says that Thomas B.
Bishop, AFRO N. Lewis and Miranda w.
Lewis conspired to direct Mrs Lux in
the making of will that would be favor
able to them, Mr.. Bishop having obtained
possession of previous will that Mrs. Lux
had signed.
Mrs. Lux died in this City on September
q, 1894, after four years of widowhood.
On September % a will dated Decent Der 10,
1898, was presented in court, together with
another will dated January 7, 1894 and
still another dated June 5, 1894. The lat
ter had codicil dated June D. 1894. Mr..
Bishop and MIR. Lewis were named as ex-
ecutors, and on their petition the June will
was admitted to probate
In the contest, which is being conducted
by Attorney E. S. Pillsbury, Mr. Potter
says that in 1898 and 1894, Mrs. Lux was OF
unsound mind. Then he continues:
Your petitioner further alleges that said
decedent was unduly influenced and induced
to execute said pretended last wills and tesla
ments and the codicil thereto, which have
been as aforesaid together admitted to probate
as purportlng to be the last will and testament
OF said Miranda w. Lux, deceased, and each
and every one OF them, solely through undue in
huence used, exercised and practiced upon
her while in weak, diseased and unfit mental
condition, which then incapacitated her from
executing any will or testament whatsoever
and that such undue influence was used,
pract1ced and exercised upon said deceased by
the aboye-named Thomas B. Bishop and by
AFRO n. Lewis and Miranda w. Lewis, his wife,
And your petitioner alleges in this behalf
that said Thomas b. Bishop, at the time of the
alleged execution OF each and all of the said
documents and long prior thereto and UP to
the time OF the death of said decedent, was the
attorney-at-law of SAID Miranda w. Lux and
her sole legal adviser. That said Miranda W.
Lewis was the niece of said decedent a nd the
wife OF said AFRO n. Lewis, and the said AFRO
and each OF them exercised and practiced I'M
due influence upon said decedent and in this
regard your petitioner AYERS:
That at the time of the alleged making and
execution of the said pretended documents
constituting together the said last will and
test en- OF said said deceased, and each
time prior thereto, and continuously there,
after until her death, the said Miranda w. Lux
deceased, was suffering from cancer of the
stomach and from other physical diseases and
which are unknown to your petitioner, and
that by reason thereof the said Miranda w
Lux, deceased, became ana was on said 10th
day of December 1898, and prior thereto, and
thereafter, to the time of her death, weakened
in body and mind and susceptible to prejudice
and to the influence and articles of designing
persons. and particularly to the influences and
articles OF those Immediately about her and
who possessed her trust and confidence.
That for long time prior to said 10th day of
December. 1893 and to the making and exc
cution of said alleged documents and of each
OF them, constituting together the said pre-
tended last will and testament of said de-
ceased. the said Thomas r RiShon
Lewis and Miranda w. Lewis, his wife and
who, during all said time, possessed the trust
and confidence OF said deceased, had the desire
ana intent to influence and induce the said
Miranda w. Lux, deceased, to make last will
and testament in such form that the greater
part of the estate of said deceased should after
her death, be placed and held in trust for
very long period of time, and that the provis-
ions OF said will should be SO framed that very
should accrue therefrom and Hereunder
TO them and each of them. That pur-
suant to said aforesaid design and
intent the said parties combined conspired
and confederated together for the purpose of
influencing and compelling the said Miranda
w. Lux, contrary to her own wishes and will,
but pursuant to their wishes, will and purposes
and with the intent of obtaining an unfair ad,
vantage over said deceased by the use and
abuse OF her confidence, to make and execute
a pretended last will and testament wherein
and whereby they would be benefited as afore-
said.
Mr.. Potter talks OF the original will, in
which Mrs. Lux, his mother bequeathed
nearly all of the 100000 estate to him.
He says:
That prior to the month of January, 1898
said decedent made and executed her last will
and testament, thereby giving nearly all of
her estate Internationally to petitioner. and
in so doing employed attorneys of high stand
ing, who had been heretofore in her service
and in whom she had always reposed the
fullest trust and confidence; that about the
said month of January said Bishop made the
acquaintance of said decedent and soon there
after became employed as one of her attorneys
and visited said decedent frequently thereafter
for the rest of her life; that thereupon said
Bishop also proceeded to supplant and did sun
plant and supersede all other attorneys then
and heretofore employed by said deeedent.
and became, in fact, her sole legal and bust
ness adviser, in order TO effect the ends herein
after stated, by the use and abuse of her conf
dence, and thereafter he continued to be such
legal adviser to the time of her
death; and from the said month of
January to the time of her death the said AFRO
n Lewis and Miranda w. Lewis, his wife, were
the trusted companions and advisers of said
deceased, and exercised great influence upon
her will, mind and actions, and during much
OF said time were living in the same house
with decedent; and the said Bishop, when he
had as aforesaid, become the sole adviser of
said decedent, proceeded to conspire and