The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-30
A THIRD W|FE'S LEGACY.
Calvin w. keIIogg'S Will to Be
Contested by Son and
Daughter.
She Turns a Daughter Out Of Her
Dead Fathers Resi-
denCe.

The young widow of 70-year-old Calvin
W. Kellogg of the firm of ]. c. Wilmerd-
ing d Co. is liable to have some trouble in
securing the probate of her husbands will.
She married him on the Goth of February
last about month after divorce from
his second wife, Rispa B. Kellogg. On
March the old man made a will giving
his bride half his property and on April
u he died. Now his daughter and dis
inherited son are preparing to contest the
will.
There are several incidental points in
the condition of affairs which make them
interesting. The estate at stake may be
worth $15O,0O0, comprising book debts
from the estate of ]. c. Wlmerding to the
amount of about $4,000; residence on
the corner of Devisadero and O'Farrell
streets, valued at $4,000; gold mine in
Trinity County and other property. In
December and January last the deceased
is said to have positively declared that he
intended the house for his daughter Ella,
and yet last Saturday she was turned out
OF the house by her stepmother, the young
widow, and had to take refuge in an up
town hotel.
The will left half the property to the
willow anu man " Tile uduRHlcTy WAll6 II
disinherited the son, merely requesting the
two beneficiaries to supply him with the
bare necessaries of life. The son has
already expressed an intention of contest
ing the will and it is said ex-Judge Levy
will act as his attorney. Yesterday the
daughter, Mrs. Ella Gilroy, represented by
Delmas Il Shortridge, took the first step
toward q contest by asking the Superior
Court TO set aside deed conveying to the
ha LNorro11 80 rr-;+h
furniture, on the ground that the said
deed, which was executed by Calvin W.
kellogg on March Z 1.-THE same day on
which his will was executed), had been
"executed under the undue influence and
duress of Mary Emma Kellogg and was
not and never was the voluntary act or
deed of said decedent." The suit is
brought against Mary Emma Kellogg, Ed
ward E. kellogg, Benjamin B. Sutton,
Frederick Sutton, Thomas Cole and Joseph
NJ. Loewe, all claiming to have interest in
the property. Some further light is also
thrown on the probable line to be taken by
the contestants by the wording OF
notice of lis pendens" filed in the case,
where it is stated that calvin W. kellogg
was at the time of executing said convey
ance OF unsound mind and wholly without
understanding"
Mrs. Kellogg, who before her marriage
TO her ancient spouse was named Mary
Massey, is represented by D. P. Belknap,
while Napthaly, Freidenrich IL Alderman
are attorneys for the executors. They ex-
pressed surprise at the threat of a contest.
alleging that the daughters share should
the will be broken would only be a third,
whereas now she takes half the estate.
1t seems that Mrs. Gilroy, the daughter,
only arrived from London few days be-
fore her fathers death and was prepared
to be friendly with the widow Later how
ever, she learned of the transfer by deed
few days before of the O'Farrell-street
house. and her Indignation led her to con-
suit Delmas & Shortridge, who advised her
that she had good cause of contest.
The matter Of the probate of the will,
which came up in Judge Coffey's court
yesterday morning, went over for one
week. No contest will probably be filed
until after the will is probated.