The San Francisco call., 1897-07-31
JOHN s. CAPRON'S ESTATE
Rx-Judge A. l.. Fitzgerald Says
100000 Is the True
Valuation.
Allegation That the Deceased Had No
Affection for His Daughters or
the Children of Any of Them

Ex-Judge A. L. Fitzgerald of Nevada
filed two important papers in the CapSh
estate contest yesterday. One was con-
test 10 the vii! fled by one OF the step
daughters Of the decedeut and the other
was an answer 70 the contest hitherto
Fl ed by the stepdaughters against the So
called Geographic Will OF which Judge
Fitzgerald is the pfoponent.
There is sharp dispute between the
parties in interest touching the value Of
the estate, Judge Fitzgerald contending
that it is worth at least $100, 600, while the
opposition by deducting their interests
which they claim under certain deeds re-
duce he value of the estate to nominal
figure.
When John s. Capron died an olo-
graphic will was fled by Judge Fitzgerald
which mentioned the stepdaughters, Hat
tie Kearney, Margaret Manion and Mamie
Greer sometimes known as Mamie
Capron) To each of these liberal be-
quests were made, but the bulk of the
estate was devised to Judge Fitzgerald
ano his daughter.
This will was attacked on the ground
that Judge Fitzgerald had procured its
execution by improper means, and at the
"
pounded by the stepdaughters in which
they and the children of two of them were
constituted the principal beneficiaries.
In the papers presented to Judge Slack
yesterday Judge Fitzgerald denies that
the Geographic will was procured to be ex-
ecuted by or through any undue influence
| exercised by said Fitzgerald or any other
| person. He admits that he was the attor-
ney for Mr.. Capron and that in 1895, while
so acting as legal adviser, he procured a
divorce for the deceased against his wife.
Laura Ann Capron, for inconstancy He
denies that he pretended to be the friend
of the deceased, but AYERS that for many
years they were true and disinterested
friends.
Furthermore Judge Fitzgerald denies
that he secretly or otherwise worked on
the fears of said decedent, or by pre- end
ing friendship, or by solicitation or other
wise, induced decedent to execute the olo-
graphic will or any other document.
AS clncher to the claims of the youn o
ladies Judge FitZg raid denies that Mr..
Capron stood in the relation of father to
said contestant and her sisters, or any OF
them, or that he entertained any love or
affection for them or their children, or
that he in tended TO give at his death al |
or any OF the property be should leave be-
hind him, or that he regarded them. or
any of them, as the natural or other OBJ
ject of his bounty; consequently he de-
nies that Mr.. Capron was In any way
induced TO forget or disregard any affec-
ton for or intention as to the contestant
or her sisters.
1t is set up that the contestant and
her sisters are not in anywise related to
the deceased; that said Fitzgerald had no.
influence over the mind of the deceased :;
that the Geographic will was executed
while Mr.. Capron WAS in good health and
sound ana disposing mind; that it was
his voluntary act and represented his ul-
innate wish in regard to the disposition
of his esrate wherefore the court is asked
to dismiss the contest and to admit the
Geographic Will to probate, which action
would carry with 1t the rejection OF the
will of earlier date filed by the step
daughters of the deceased.
Hearing of the contest will be taken up
early next month.