The herald., 1896-08-26
THE ALAN|Z WILL CASE
A Highly Sensational Suit
Instituted
CONSPIRACY and fraud ALLEGED
Trouble in the Big Rock lrriga-
tion District
CAN'T EXPEL THE TENANTS
The Landlord of the Carleton Lodging
House Very Hard Placed
An Owner Who Wants to Kick Down a
Railway Trestle
CAN'T EXPEL THE TENANTS
The Landlord OF the Carleton Lodging
House Very Hard Placed
An Owner Who Wants to Kick Down a
Railway Trestle
A Frenehman Caught Tripping at Pcmons
Bailest Goes Up for Four Years.
Inez Shorey's Sad Case Of De.
mentia-Court Notes

1t Is a trusm to say that a coach and
horses can be driven through any ordi-
nary will or testament of a deceased
person. 1t seems now, too, if person
| Of wealth desires to avail himself or
| herself, as the case may be, of the last
exceptional chance, it will be necessary
for the testator to die before ripe old
age. or the charge of mental incompe-
tency is sure to be raised.
A case was called in department two
yesterday, and continued to be placed
on the trial calendar, that when brought
to trial promises to be almost as inter-
esting as the recent Coronel case.
On July 81 the petition Of A. Concep-
cion w. de Rubio for the probate of the
will of Conception Alaniz was filed. The
estate of the decedent was claimed to
be worth about $4,000, and it was al
legged that the will, bearing date of
June 81. 1885, was in the possession of
James w. Macdonald. In it the petit
toner was named as sole eXecutriX, and
Cayetana Alaniz de Casenave, the
deviser, James w. Macdonald and Alfre-
do Pico being the subscribing witnesses.
The filing of this petition brought con-
testantS into the field and the story told
in the complaint of contest contains al
legations of fraud and conspiracy sutfi-
cient to form material for three vol
ume novel.
AS might be supposed the legal con-
tingent is we'll represented, each con-
testant having a separate legal adviser.
Juan b. Lelong and Victor Lelong are
being represented by H. II. Appel, Esq,
Juan Bautisto Marno by c. w. Chase,
Esq, and Maria Luisa Begue by K. l..
Horton, Esq. 1t is asserted by these con-
testants that the estae of Conception
Alaniz is worth $50, 600, and that Concep-
cion de Rubio and Cayteana Alaniz de
Cassanave put their heads together for
the purpose of getting the entire estate
into their possession.
First of all, it is denied that the will
sought to be admitted to probate, is the
last will and testament OF Conception
AlaniZ, and furthermore was never sub
scribed to by that aged lady, nor by any
person in her presence, or by author
ity and that her name was not signed in
the presence of the persons purporting
to be the attesting witnesses.
AS a separate cause of action it is also
claimed that a the time of the pretended
execution of the will, when Conception
was 76 years old she was then and had
been for four years previously unsound
of mind and quite incompetent to dis
pose of her estate.
AS a clincher to the previous allega.
tions it is stated that will was executed
at later date than the one of June,
1895, and was duly executed before wit
nesseS and contailQd a clause revoking
all previous wills.
The specific allegations of conspiracy
and undue influence are to the effect that
for five years prior to her death Concep-
cion had been under the direct influence
of Cayetano Alanz de Casenave and
Conception w. Rubio, the alleged sole
deviser and lesatee, and the sole exc
cutriX. That long prior to 1880 Cayetana
and Pierre Casenave had conspired to
defraud Conception of her estate, and
persuaded her to deed all of her property
to Pierre. She did so and then he decided
it to his wife Cayetana. Later when
Conception realized to some extent what
she had done she was compelled to go
into court to get relief and force a sur
render of the property deed away upon
fraudulent representations. All the
same Cayetana and her husband, Pierre,
are stated to have gotten away with
$1,000 Then the enterprising Pierre
died and was gathered 70 his fathers at
a time prior to the making of the alleged
will. Cayetana then joined forces with
Conception de Rubio and together, it is
claimed, they coerced the old lady into
making a will by which the entire estate
was bequeathed to them. This was done
by poisoning her mind against her rela
tives. by persuasion, threats and undue
measures of various kinds
The contestants therefore pray that
the will be declared by the court cancel
ed and void, and that letters of admin
iStration issue to Juan y. B. LelOng.
1t will thus be seen that the contest
ants intend to make the fight upon sew
eral lines so that if defeated upon one
there may be still several chances re-
naming 1t is a curious circumstance
in connection with the case that wher
old Conception died it was found that
the will, now in dispute, was in the safe
of James w Macdonald in his office.
That gentleman was enjoying a jaunt
in Europe and peremptorily refused to
permit the safe to be opened and the
will to be delivered until his return. He
was one of the witnesses to the signature
which. the contestants say was never
appended by conception Alaniz or by
anyone else with her authority.