The San Francisco call., 1896-08-07
LEFT ALL He HAD
TO HIS Love,
Mrs. Rosengarden, a Type
writer, Is an
HeiresS.
SHE WROTE THE WILL.
The Testator Went Away to New
York, Took Sick and
Died.
A CONTEST IS IN PROSPECT.
Strange Story of Love, Courtship,
Death and a Rig Inheri.
tance.
SHE WROTE THE WILL
A CONTEST IS IN PROSPECT.

A romantic love story which will, in all
probability, end prosaically in the law
courts came to light in the County
Clerks Office yesterday. Mrs. Henrietta
Rosengarden fled for probate the will of
John Cameron Simonds, New York at
torney, by the terms of which will the
entire estate of the testator is hequeathed
TO Mrs. Rosengarden. The legatee Is a
typewriter, with an office in the Crocker
building, and was Simonds' fiancee. She
is referred to in his will as about ''to be-
come my wife,"
The will is peculiar document. 1t
written entirely by Mrs. Rosengarden IN
her Office, she says, at the dictation OF Mr..
Simonds. After reciting the usual pre-
liminaues and providing for the payment
of his debts. the testator says:
I hereby give, bequeath and devise unto
Henrietta Rosengarden, now of san Francisco,
Cal, who is to become my wife, all my real
and personal estate of whatsoever name, kind,
nature or description, of which may be seized
or posse ssed at the time of my death, to wit:
All the real estate, tenements and heredita-
ments OF which may die seized; all the per-
sonal property l may possess at my demise;
credits, unto the said Henrietta Rosengarden
absolutely forever.
If, after my death, the cash value OF my real
and personal property should amount to not
less than $125, 900, hereby request my atore-
said legatee and devisee to give unto the fol-
Iowing-named persons the sum of $1,000 each,
viz: Martha Shaw, John T. Patey, o. Fl. Gil
more, Angus simonds and Mary Shaw White.
Then follows a paragraph which re-
quests Mrs. Rosengarden, in her will, to
divide the property remaining in her
hands at the time of her death, equally
between her grandchildren and the chill
dren of testator's brothers and sisters,
Watson, c. w. and Angus A. Simonds
and Margaret A. Arthur.
The will goes on to say:
leave all the above bequests and suggested
testamentary disposition aforesaid, to the fair
ness, justice, generosity and remembrance of
my wishes OF the said Henrietta Rosengarden,
hoping and believing that she will comply
with my wish as fast pract cticable for the
maintenance of such estate as l may have at
my death.
1 hereby constitute and appoint the said
Henrietta Rosengarden, A W. Poole and C. w.
Simonds executors of this, my last will and
testament.
Bonds shall be required neither of my execu-
trix nor of either OF my executors.
The document is dated May 16, 1896, and
signed by John Cameron Simonds and
witnessed by William h. Mcdonald, John
Barnett and A. N. H1ngerford.
Mrs. Rosengarden, A. W. Poole ana G..
w. Simonds are named as executors of
the will but the latter has declined to
serve. The will was filed for probate by
the first two named.
There is a rather romantic story behind
the whole matter. Mrs. Rosengarden is
graphic school on California street and
later in the Crocker building in this City.
She has two daughters, one of whom is
now living with her. The other was mar
ried about three years ago to Charles How
ell, young newspaper man. He is now
in Chicago, where he conducts an insur-
ance paper.
Mrs. Rosengarden met Mr. Simonds
about year ago, and their acquaintance
soon ripened into love. They were en-
gagged to be married, when MIR. Simonds
was called to New York on business.
While there he became i'll and sent for his
betrothed. She at once responded, and
was with him when he died.
There will probably be a contest over
the will. The instrument was drawn In
Mrs. Rosengarden's Office. in the Crocker
building, and was written entirely by her.
The brother of the testator named as
executor declines to serve as such, which
would indicate that he is not altogether
pleased with the transaction.
Mrs. Rosengarden resides with her
daughter at 1882 Geary street. She was
not at her Office yesterday, but her
daughter was carrying on the business
and refusing TO talk for her mother con-
cerning the matter.
This is all very painful to mother" she
said-''the death of Mr.. Simonds I mean.
He was to have married my mother you
know, and she wants as little said about
the matter in the newspapers as possible.
There is nothing indeed to be said about
it. The will speaks for itself, 1t was made
by Mr.. Simonds just before his departure
East. He and my mother have been
engaged for some time, and that is the
whole story"
The document as filed is backed with
heavy colored paper bearing the business
inscription of Mrs. Rosengarden on the
outer side. 1t was placed i'll the safe
deposit vaults when Mr.. Slmonds went
East. After his death it was sent to New
York where it was duly probated and then
returned here, and yesterday it was filed
with the County Clerk.
The surviving relatives of the deceased
who are likely to contest the will are Wat
son Simonds and Angus Simonds of New
York, C. w. Simonds of Thousand Island
Park, N. Y, and Mary A. Arthur OF
Rochester, N. Y.