The herald., 1895-05-27
Text of the Will of the Late
Ex-Governor Downey
COPY TAKEN AT SAN DIEGO
Codicil Was Attached to the Original
Instrument
How the Document Came to Be Left at the
Bank--It Was Written in Decedcnt's
Own Handwriting
Special to The Herald


SAN DIEGO. May 26.-The supposition
that a copy OF the recently found will OF
the late Ex-Governor John G. Downey
had been made by Receiver O'Connor OF
the Consolidated National bank at time
of discovery and before he sent it to Los
Angeles for probate, has proven true, the
important. document having been seen to-
day. The following is copy OF the text:
LOS ANGELES. May Is, 1877.
I, John G.. Downey, of the city and
county OF Los Angeles, state of Califor-
MIA, being of sound and disposing mind,
do make the following will and testa-
ment:
First, I will aid bequcath to my be-
loved wife, Mary de Guirado, the house
and appurtenances were we now live,
with all furniture, silverware. carriages.
horses, cows and utensils and also the ad-
joining house and lot on the south,
known as the Hunter place. In addition
l will and bequeath to her one-half of
all the balance of my property of what
ever kind and nature, subject to the pay
ment by her of one-half Of my debts, expen-
ses OF administration, etc. To my sis
ters, Eleanor Martin, Anna Donohue.
Winfield Martin, and John Downey Har-
vey I will and bequeath one-half of my
property in equal proportions. subject to
their pro rata in paying my debts and
the bequests hereinafter provided for.
Ny real estate shall not be sold until j.
Downey Harvey attains the age Of 40 years.
In case OF the death of J. Downey Harvey
without heirs or the death of Winfred
OF Anna Donohue without heirs the prop
erty hereby bequeathed them shall revert
to Eleanor Martin and her heirs. I will
and bequeath to Bishop Mora one thou
sand dollars for charitable purposes, to
the Catholic university of Dowlin one
thousand dollars, to the Charitab BILE fund
of Los Angeles lodge No. AZ, f. & A. NJ,
five hundred dollars. and to the Catholic
Orphans society of Los Angles one thou
sand dollars, to John Downey Harvey
my library with exception of any particu-
lar books my wife, M. J. Guirado, may
desire to retain. l appoint as my execu-
tors without bonds Edward Martin OF San
Francisco, J. NJ. Griffith of Los Angeles
ana Stephen NJ White of the same place.
with instruct 'ns to keep intact the Dow
ney block and complete in the near future
when funds accumulate and when proper
opportunity offers and without sacrifice
to sell such property outside of the Dow
ney block as will be necessary to pay off
my debts, expenses Of administration,
vaults or such monuments as their good
judgment will indicate. This will re-
vokes all heretofore made and is hurried
ly written as l am starting for Warmers
ranch. JOHN G. DOWNEY.
Executed in the presence OF Chas. L.
Beane. Jas. w. Bickel. j. S. Crawford.
Codicl: Restriction upon selling real
estate is removed and Edward Martin
having died Peter Donohue is substituted
as executor in his place, and L. +. Spence
in place of j. NJ. Griffith.
JOHN G. DOWNEY.
Witness to signature: J. Bryant How
ard. D. 0. Mccarthy.
1t is stated by Receiver O'Connor that
the will is Photographic and that the
writing was in the usually clear and firm
style OF the late governor. While it is
known that only one of the witnesses to
the will is now living, it is not known
here which one it is.
When the will was first found it was re-
ported that one OF the prominent attor-
neys OF this city had drawn it at the die.
tation of Governor Dewey. but this is
not borne out by later facts as the instru-
ment shows the personal work of the gov
ernor. This being the case it is not
strange that Senator White should be
ignorant of such will being in exist
ence. There is no date attached to the
codicil, but the fact that both OF the wiz
nesses to this portion of the document
have lived here for many years would
indicate that it was made in this city.
Neither of the witnesses have any knowl-
but they are of the opinion that the gov
ernor entrusted the instrument to the
keeping OF the cashier, Il. Il. Spence Of
the Consolidated National bank, some
Time after the codicil was added, and that
it was given after Endorsement by !
spence to Howard about the time that !
spence left here for Los Angeles. How
ard deposited it III the vaults of the Con- |
National bank and when that
institution closed its doors no forgot all |
about it being there. 1t will be a great |
surprise to know that the value of the !
estate is much greater than the estim ties
'ecently put upon it, and that it is worth
ully 81. 900, instead of only $500, 600
This difference is easily accounted for
~ the enormous advance in the value of
'eal estate in Los Angeles. and as the
oulk of the estate is in realty there.
his fact should have been noticed in the
irst place, but the estimate was propablv
AIKEN fro.n the usual estimate given
When the property of Governor Down ey
vas first turned over to the present ad-
II illustrators.
What J. Downey Harvey Says
Senator Stephen M. White returned
rom San Francisco yesterday. In the