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

land, Mrs. Mary B. Toland had a son, who
is now prominent actor on the American
stage. His name is Hugo Toland.
Some seven years ago DR.. Charles Grid
ley ToIand married Miss Trella Foltz, and
short time before his death from heart
disease, the couple were blessed with lit
tie boy who is now about years of age
and who is the contestant in the will case.
This leaves, therefore, but two heirs alive
of the late Mrs. Mary b. Toland one her
son, Hugo. and the other her grandson
William Gridley Toland, who, in accord
ance with section 1886 of the Civil Code,
are entitled to an equal division of the
estate, which is valued at over 5000, 900.
The specific section measuring the rights
of the contestant provides:
ii the decedent leave no surviving husband
or wife, but leave issue, the whole estate goes
to said issue; and if such issue consists of more
than one child living, or one child living and
the lawful issue of one or more deceased chill
the children living, or to the child living, and
the issue of the deceased child or children by
right OF representation.
The will left by Mrs Mary B. Toland, as
may be seen, shuts off the grandson with
but $4,000, on the ground that testatrix had
already given the child's father all the es-
tate of her deceased first husband.
Here is verbatim copy of the odd will ::
The last will and testament OF Mary B. on. }
Toland
Being in perfect health and of sound mind
l. Mary Bertha Toland 1.-THE extra 'sM in nv
signature was added when my rithmic works
were published, with initials), Make, publish
and declare this 10 be my last will and tesla.
ment. Should my death occur before the ex-
piration OF the leases OF my landed estate de
sire the firm OF f. Il. Mastick EsQr and his
partners to receive all rents, SO soon as the
leases of rented lands are cancelled, / desire
la, To ba Ttrrh q
all improvements to the best advantage. Hugo
Huger Toland (my SOM to receive one half the
money-also all my works of art Library-with
curio, and tapestries, gathered during our
travels. The remainder OF the money after all
debts have been paid / will one thousand
dollars to Edwin b. Mastick Esqr. for his ever
kindly professional advice with the hope that
he viii accept il as his just due, and that the
firm Will pay themselves for settling my estate.
The Toand vault at Laurel Hill Cemetery
wish to be provided with sum for its care
through future years. The remainder of the
money, after all Indebtedness has been paid ;,
/ will give: $500 to Grace Church for pew No.
20, to be kept for my son and members OF my
family; to William Gridley Toland, the son of
DR.. Charles Gridley Toland, who took my
husbands name after my marriage (now dead,
he being my son by a former marriage, $1,000,
as had given to Doctor Charles all his fathers
property, including my share; to Mary J. Earl
will $1,000, together with sll my wardrobe,
that she may dispose of them as she sees
tit for | trust to her noble, genial nature
TO the San Francisco Art Association Mark
Hopkins Institute of Art will the original
pictures OF my published books-also the in
come from my works-published by Messrs. J.
b. Lippincott Co., and hope to leave my Manu-
scripts in form that they may be able to pro-
duce much better books than those already
published. After all the above has been ar
| ranged-Of the remainder WILTSHIRE and
share alike - 10 John w. c. Morrison - and
George Hugh Morrison (my brothers) and to
the family OF my two sisters (both dead) will
four shares and each share alike. To the firm
of +. b. Mastick I commend all minor details
May God bless and direct them in the right
way. MARY BERTHA ToLAND,
Occidental Hotel, San Francisco,
October Is, 1895.
Witness, Geo. K. Hooper.
Subsequent to his mothers death. no
executor being named in the will, Hugo
Toland filed a petition in the Superior
Court for the probating of the testament.
Mrs. Trella Toland. the mother of the
contestant, wired from New York, where
she is with her son, engaging Delmas &
Shortridge as her attorneys, and placing