The record-union., 1895-11-30
CONTEST over MRS. LYONS ESTATE.
Her Son Objects to the Terms of the
VIII.
He Claims That His Sister Exercised
Undue Influence Over Her
Mother.

Recently Mrs. Adele Lyons, mother
of Mrs. David Lubin, died in this city,
leaving an estate valued at $4,000. In
her will she bequeathed to Mrs. Lubin
the sum of $4,000. The residue Of the
estate she willed to her sons, Adolph'
Lazarus. Louis, Alexander and William
Lyons. share and share alike.
The will directs that one of the exec
utors of the estate, David Lubin, shall
have the absolute control of that por-
zion beuueathed to Adolph Lyons, and
tbat he shall use the same to the proper
si,pport and maintenance of the son as
in his Judgment may be proper. h.
Weinstock is named jointly with Mr..
| Lubin as executor.
Ii further provides that whatever
norton of the sum bequeathed to Mrs
Lubin that remains at the latters
death is to be divided in equal shares
| between deceased's five grandchildren,
Simon. Ruth, Laura, Jesse and Eva
! Lubin.
! The estate consists of personal prop
| eltv and is valued at about SS,OOO. Be
! sides those named in the will the fol-
! lowing are next of kin and heirs at
| law: Mrs Rose Lyons, sister residing
al Los Angeles, and Henry Newton, a
! brother. residing at San Francisco.
| Yesterday Lazarus Lyons of Glover
| dale. Sonoma Countrywide has re-
T. Highton, the San Francisco lawyer
! TO look after whatever interest he may
! tanned Henry Z. Highton, the san
! Francisco lawyer, to look after
whatever interest ne may have
| in the estate-filed protest
against admitting the will to probate
| He alleges that he is the eldest son OF
! the deceased and had supported his
| mother for the past ten years or more
out of his earnings as music teacher
| to such an extent that he has been una
| bic 20 lay by any wealth for himself.
! Also that by his own labor and eXertions
he had provided for the education of the
! family. 1t is also alleged that prior to
| the illness of the deceased she had fire.
uuently declared to her children her in
! tention of distributing by her Will her
property among her children, especially
| favoring Lazarus by reason OF the facts
already set forth.
! The COMPLAINT goes on at some length
to recite that prior TO the attack of i'll
ness which seized the decedent about a
wear ago. David Lubin declared that he
would not permit his wife to receive any
| of the property of the deceased for the
reason that he was well able TO provide
essaries and luxuries of life. Also that
Louisa Lubin repeatedly declared to
Lazarus and his brother that she would
not accept any part OF the property of
her mother.
The son claims that for several
months prior to her death the deceased
lived at the residence of Mr. and Mrs.
David Lubin IN Sacramento; that Mrs
I.ubin provided her nurses for her, and
attended TO all her wants and by
undue influence over the mind of her
mother. enfeeebled and Incompetent by
reason of disease, had turned the mind
Of the mother from her sons. and had
unduly influenced her to make a will
in her favor and to their detriment
For these alleged reasons the plaintiff
petitions the court not to allow the will
of his mother to be admitted to probate,
TO the end that his rights in the matter
may be protected.