The herald., 1896-02-12
IS FALSE and FRAUDULENT
The Guirado Claim to the Dow
ney Estate
JUDGE WELLBORN'S DECISION
He Holds That the Letter of the Cover
nor Was Forged
UDGE WELLBORN'S DECISION
This Was the Basis of the Claim of the CUR.
ado Heirs-They Are Enjoined by
the Federal Court

The last attempt to divert any portion of
the vast estate left by the late Governor
John G. Downey has fallen to the ground.
All the lands, moneys, bonds, securities
and everything that Governor Downey left
will now pass to the heirs directly named
in the last will and testament of the COVER
nor. The valuation placed upon the estate
varies from 81 ,OOO,O 900 to s3,OO0,OOO, but
it is believed that the last named figure is
nearer the correct amount.
Numerous attempts have been made by
various parties to break the Downey will
under which ]. Downey Harvey, the nephew
of the late governor, and Winifred Martin,
the governors sister, are the principal
beneficiaries.
Yesterday United States District Judge
Olin Wellborn filed decree which most ef-
fectually settles the case of one claimant
to an interest in the Downey estate.
r. c. Guirado was one of the heirs of
Maria Jesus de Downey who presented a
claim in the superior court of this county
against the estate, basing the claim upon a
letter alleged to have been written by the
late governor, in which he said that he in
tended to leave one-half of his estate to the
heirs of his first wife.
Mrs. Winifred Martin, one of the heirs
under the will began an action in the
United States district court to restrain the
Guirrdos and their attorney, w. T. Will
Jams, from making any pretensions that
this alleged letter of the late governors was
genuine, or from taking any action in
courts. A perpetual injunction was asked
for upon the ground that the letter upon
which the claim of tine Guirados was based
was false, fraud dulent and forged.
Judge Wellborn granted the application
for restraining order yesterday, for the
reasons stated that the letter was for
gerry. In his decree he said:
''It is ordered, adjudged and decreed
that said John G.. Downey did not make
the said alleged agreement in the amend
ed bill and hereinafter set out, or any
part thereof; that said alleged copy is false
and fraudulent; that the claim of said de-
PENDANTS and each of them under the said
alleged agreement, or any copy thereof,
be, and the same are held for naught; and
that all copies of said alleged agreement
in the possession of the defendants, or
either of them, be delivered up to the clerk
nulled. And it is further ordered,
adjudged and decreed that said de-
PENDANTS, r. C. Guirado, Bernardino
Guirado, Leandro Guirado and w. T. Will
liams and each of them be perpetually en-
joined and restrained from making any
representations or pretensions, or from
claiming that said John G. Downey ever
made any such contract or agreement, and
also that they and each of them, their at
torneys and agents be perpetuaily enjoined
and restrained from bringing or further
prosecuting in the courts of the state of
| California, or any courts, any action
against the plaintiff herein upon said al
legged agreement, or upon any copy thereof.
or upon any alleged claim against the said
John G. Downey, deceased, or the estate OF
said John G. Downey, deceased, arising out
of any alleged agreement, or any alleged
copy thereof.
This will probably be the last litigation
over the Downey estate. Senator Stephen
| NJ White was the attorney for the heirs
| under the will as Drobated.