The record-union., 1897-08-18
JACOB DAVIS WILL UPHELD.
1T GIVES HIS BIG ESTATE TO
HIS NIECES.
The Good Fortune Which Has
Overtaken Two Former Sac
ramento Girls.

After a three-months' contest a jury
In Judge Coffey's court in San Fran
cisco has decided that the viii of the
late Jacob Z. Davis, in which he be-
queathed his vast estate TO his nieces,
Miss Lizzie Muir and Mrs. Belle Cur
tbs, formerly of this city, is a genuine
document.
The case was argued and submitted
late on Monday and in the small hours
yesterday morning the jury reached
conclusion. The jury found as follows:
That the instrument filed for pro-
bate py Lizzie Muir and Belle Curtis,
dated October l, 1896, purporting to
be the last viii and testament of Jacob
Z. Davis was wholly written, dated
and signed by the hand of Jacob Z.
Davis
The jury stood nine to three. The
jurors dissenting from the verdict We're
William Hobart, James Alfeld and
John Tiedeman.
Charles Heggerty, representing the
contestants, says that he will oppose
the probating of the viii on the ground
that it was not legally executed.
During this time the cremated re-
mains of the wife Of Davis, and the
copper box, which, besides containing
mitted for probate as the millionaire's
WILL and which the Eastern relatives
claim is a forgery, have been conspicu-
GUS exhibits at the trial. The plumber,
with his little furnace and soldering
iron, who opened and sealed the NINA
ture sarcCphagus. while they have not
been produced. have been the subjects
of frequent reference by counsel. The
fads or hobbies of Davis, one of the
most conspicuous Of which was the
gathering of the remains of his rela-
tives and having them buried in the old
Dunkard churchyard, near Philadel-
phia, his early home, have been illus
trated by photographers and described
by witnesses.
The case is unique in that it is the
first time that the cremated remains
of a relative have formed the central
feature of the evidence introduced in a
viii contest
It was little after . o'clock yester-
day afternoon when Judge Coffey be
gan his charge to the jury. The court
room was crowded with those who have
been watching the trial with interest
as Well as the contestants and their
attorneys and friends.
After stating that the issues of
soundness of mind and undue infu-
ence had been withdrawn by consent,
leaving but one question for the cOnsid-
GRAFTON of the jury-Was the document
entirely written, dated and signed by
Jacob 4. Davis Judge Cofey con-
tinued:
The proponents of this instrument
prOpOunded for probate are Lizzie Muir
and Belle Curtis, who are admitted not
to be blood relations of Jacob z. Davis,
deceased.
The instrument propOunded for pro-
bate is alleged to be an Geographic will,
and an Geographic will must be entirely
written, dated and signed by the hand
of the testator himself To make this
instrument valid as a will every line,
every word, every figure must have
been written by Jacob Z. Davis himself,
and the signature must be in his own
hand. II it is not so entirely written,
dated and signed by Jacob z. Davis
il is not his viii in law and you must
find as your answer to the question
submitted to you No
The proponents, Lizzie Muir and
Belle Curtis, in this case hold the af-
firmative of the issue viz: Was the
instrument filed for probate by Lizzie
Muir and Belle Curtis and dated OctO-
Der l, 1896, purporting to be the last
win and testament of Jacob T. Davis,
entirely written. dated and signed by
the hand of Jacob Davis2' The evil
dence must prove that issue.
An Geographic win must be proved
either by some person who saw the
testator write it or by other evidence
that it is in the handwriting of testa-
tor In this case there is no evidence
that any person saw Jacob Z. Davis
write the instrument propOunded as his
viii.
There is no presumption arising
from the production Of the Instrument
itself-there is no presumption from the
fact that the instrument purports on
its face to be signed by Jacob z. Davis
that it was so signed or that it was
written or dated by his hand. That il
was so signed, that it was so written
and dated. are facts in issue that must
be proved to your satisfaction by a pre-
ponderance of evidence. The burden OF
proof lies on the proponents to prove
to your satisfaction, by evidence, that
the instrument was entirely written,
dated and signed by Jacob z. Davis"
PrepOnderance of evidence was then
defined and the jury instructed: IF
proponents must fail, and your answer
TO this issue must be No
The only question for you to decide
being whether Jacob Z. Davis did or
did not write, date and sign the instru-
1nent, if you are satisfied from the evil
dence that the proponents have failed
to establish by a preponderance of evil
dence that he did so write. date and
sign, your answer of the issue submit
ted TO you must be No Whether the
instrument appears to your mind to be
just or unjust. equitable or inequitable
does not affect the issue submitted to
you. The question for you to decide is.
did Jacob L. Davis write, date and sign
this instrument? With the effect Of
that decision you have nothing to do.
Expert witnesses in handwriting
have been examined in the contest. In
this contest it is claimed by the pro-
ponents on the one hand that this in
strumen7. was written by Jacob T.
Davis, and by the contestants on the
other hand that it was not written by
Jacob z. Davis. In other words that
II is forgery. A forgery is a simu-