The herald., 1897-02-07
terrogatories on the special issues is not
only instructive-it is positively anus


terrogatories on the special issues is not
| only instructive-it is positively anus
| ing.
AS a preliminary, however. a word or
| two regarding the case itself will throw
into stronger relief the verdict returned.
While the contestants exercised their
| right in putting upon the witness stand
| the main witness for the proponents OF
| the will, and attempted to extort from
them that which would help them in their
| case, filling in any hiatus with witnesses
| of their own, the proponents labored
under a disadvantage. The Sonora AL
| aniz spoke no English and all her deal
| ings with trades people, or others. were
| of necessity through the medium of a
| third person. Thus a number of people
| who had very good knowledge of the
| old ladys business aptitude and bright
| ness of intellect were necessarily de-
barred from testifying in the case at all
| Then, too, the one witness who could
have cast more light upon the situation
than all the others put together was also
debarred from testifying. That was At
torney Mcfarland. AS the legal advisor
and agent of the Sonora Alaniz he re-
ceived the condolences of his client, and
the court held that these were privileged
communications
But despite these drawbacks the pro-
ponents made out a strong case. Coun-
sci for the contestants put forward no
witness that insinuated even that the
old lady was suffering from a weakened
mind within fifteen months of the seno-
ra's death This breach was filled in
by the proponents, who showed that
during that time she was Sprightly and
keen of intellect.
In giving his charge to the jury Judge
Clark summed up strongly in favor of
the proponents and with regard to the
sixth and seventh interrogatories, bear
ing upon undue influence and fraud he
told them no evidence indicating any
thing of the kind having been introduced
they must answer them in the negct tive.
How well the jury obeyed the instruc-
tions of the court will be seen by perus-
ing the answers 10 the seven interrog-
atories propounded to them. as follows:
Issue No. WAS the instrument of
date June Il, 1895, propounded here as
the will of Conception Alaniz. deceased,
signed by her?''
Yes"
Issue No. Eff your answer 10 inter-
rogatory numbered one be yes, then did
the said Conception Alaniz sign said in
strument In the presence of James w.
Macdonald and Alfredo Pico?"
Yes"
Issue No S-"If your interrogatories
numbered one and two be yes then
did the said Conception Alaniz al that
time declare to said James W. Macdon-
aid and Alfredo Pico that said instru-
ment was her will?'
Yes"
Issue No. 4-"Did Jas. w Macdonald
and Alfredo Pico, whose names are at
tached to said instrument as attestirg
witnesses sign their names as such at
testing witnesses in the presence of the
said Conception Alaniz, deceased, and at
her request"
Yes"
Issue No. 5-"Was Conception Alaniz
on June p, 1895 the day the instrument
offered as a viii bears date, of sound
mind?"
No
Issue No. 6-"Was the execution of the
instrument bearing date, June 21, 1895,
procured through the undue influence
of Cayetana Alaniz de Casenave and
Conception W. de Rubio or either of
them?'
Yes"
Issue No. WAS the execution of the
instrument of date June p, 1895, pro-
cured through the fraud of Cayetana
Alanz de Casanave and Conception
w de Rubio or either of them?"
Yes"
The jury had to find ON matters of
fact leaving for the court to apply the
law. Counsel for the contestants showed
how far they expected the verdict to
favor them as to keep away from the
court, and not put in an appearance when
the jury made their return.
For good or i'll the above answers
practically amounting to a verdict, have
been made. and it is curious to speculate
what will follow. In face of the verdict
motion for a new trial is, of course,
in order with the chances very largely
in favor of the motion being granted.
Failing that. however. the case will GER
tainly be appealed to the supreme court,
with the probability that that august
body will get around to it sometime
within the next two years. Again as
sulning that victory continues to perch
upon the banners of the contestants, the
will of Conception Alaniz, dated June
21, 1895. will be broken in very truth.
Then what? Simply that the will Of the
year previous of which the will now in
dispute was fac simile and was only re-
written for the purpose of changing the
executor will be pr0bated and the es-
tate be administered precisely the same
as if the present will had been sust aimed.
That will also may of course, be i'm
pugned and another contest inaugural
ed. but before the appeal. allowing such
a thing to be possible, could ever reach
the court of hast resort it is quite likely
that contestants as well as proponents,
will be buried nicely away, or the last
dollar of the estate expended in defray-
ing legal expenses.