The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-15
SAMUEL N, SHORTR|OGE IS
APPOINTED AS EXECUTOR
The Heirs and ALI Interested Parties Unite in Urging
the Court to Appoint Him to Serve
Without Bonds

her name to it. She again gave
the nod of assent. The nurse then put
her in position so that she could make her
mark Mr.. Shortridge got large book
from small table at the foot of the bed,
put the document upon it and held it be-
fore the sick woman on the bed, at the
same time giving her pen, and she there
upon made a cross.
This was all DONE he said, in the pres
ence of the subscribing witnesses, her TWO
sons-in-law. They signed as witnesses to
the mark and as witnesses to the will I'M
mediately after and in her presence.
Before doing so. however, Mr.. Short
ridge, said the witness, asked Mrs Allen
if it was her wish that they should so
sign, both as to the cross, her mark, and
as to the will, and IN each instance she
gave the sign of assent as before.
Then there is no doubt in your mind
as to her competency to make will and
to express dissent and assent?" inquired
the court
"None whatever"
DIR. Walter r. Shoaff, son-in-law OF the
deceased and one OF the witnesses to the
will, was the next witness. He explained
that his wife was unable TO attend because
of illness.
There have been two continuances on
this account and no other?" asked Mr..
Shortridge.
YES" said the witness.
The witness stated that he had stood at
the foot of the bed on the occasion of the
read ing of the will to Mrs. Allen by Mr..
Shortridge, and heard it all and saw Mrs.
Allen give assent to it as being her last
will. He described the locations about
the room, and how the persons present
were disposed so as to see and hear.
when all were present did you hear
Mr. Shortridge ask if this was the last
will?'' asked the court.
Eyes, sir
land you saw Mrs. Allen give assent by
a nod ?"
Eyes, sir"
"Did you hear Mr.. Shortridge ask the
lady if she wished you and DR.. Shawhan
to sign as witnessesP"
"Yes, SIR
did you hear Mr.. Shortridge ask If he
should write his name?"
Eyes, SIR
The witness explained fully how their
names were signed IN full view of Mrs.
Allen and all present, also how she made
her mark as described by the previous wit
ness and how Mr.. Shortridge had asked
DR.. Martin in the hearing of all of them
whether the sick woman was perfectly
competent, and the doctors answer that
she was.
Mrs. Ada R. Shawhan, eldest daughter of
Mrs. Allen, next took the stand. She re-
memDered the occasion of the execution
of the will. she said. 1t took place in the
Langham Hotel, June IL, 1894. She named
all those who were present and gave a
description in general way of what took
place, but she said she was overwhelmed
with grief at the time and did not have
that clear i'm preston of details that some
of the others had. She heard Mr.. Short
ridge ask the question, however, of her
mother as to whether the document they
were preparing to sign was her last will
and testament.
At this point Mr.. Shortridge himself
asked leave of the court to make a state
ment. The court asserting, Mr.. Shor t.
ridge said: ''While in point of law it is
not necessary, in my judgment, | desire
to explain or state some of the CirCum-
stances surrounding the execution of Mrs
Aliens will.
1.-The body of this document is in my
handwriting. / wrote it at the request and
by the direction of Mrs. Allen. On the night
in question testified to by the witnesses,
the things took place which they have
stated did take place. | did read this
document, which was prepared at the re-
quest of Mrs. Allen, as [ stated, and
read it over to her slowly and
carefully. and having done so,
asked her if it was her last will and tesla
ment, and if she wished to declare it such,
testified TO by the witnesses, and par
ticularly DR.. Martin, namely, by the nod
of the head, which indicated assent.
l then asked her if 1 should write her
name, knowing her physical weakness.
To this she assented. She then made
her mark. l asked her if she desired that
DR.. Shoaff and Mr.. Shawhan should sign
as witnesses, and she assented in the same
manner substantially as testified. Miss
Eckhardt was there, assisting in proppjng
the lady up in the bed by pillows. | then
took from little sideboard or piece of
furniture standing against the wall at the
foot of the BID some sort OF a book. |
do not recall what it was, but think it was
sort of pictorial book, rather large in
size and not very thick, and standing
by the bedside facing toward the
lady [indicating] and holding this
paper and the book in this manner, the
pen, as | recollect it, was brought by Miss
Eckhardt Mrs. Aliens arm was put upon
the book so that it rested in that position
[showingl. The pen was placed in her
hand and she made cross. which is there.
| saw it made. | then wrote these words,
Marion Nj. Allen and her mark which
your Honor sees. To all the questions
propounded to her she answered in sub
stance and in the manner testified to. and
the gentlemen who have testified as doing
so signed this instrument as Witnesses in
her presence, on little table to the right
and little back of the footboard of the
bed.
This document was executed in June,
1894 and Mrs. Allen died in October, 1895.
At her request l placed the document in
my safe and vault in the Mills building,
where my offices then were, and there.
after in the Croker building, where it re-
| manned inclosed in an envelope, stamped
| and sealed with her own seal. The will
so remained until her death and the
proper time to open it and flle 1t for pro-
bate.
"At the time of the execution OF this
| instrument 1 asked DR.. Martin in the
Langham Hotel whether he thought the
lady was competent to make will, and
he answered, as he testified, that she was.
81 drew that instrument according to
directions given me by Mrs. Alien, and |
particularly wish to state that my name
/ was set down in that document as the exec
utor thereof at the request of Mrs. Allen, ex-