The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-27

When Mr.. Davis mother died it affected
him very much, said the witness. He
went East to see about his mothers
estate, but never told how much he got
out of it.
Mr.. Campbell objected to this line OF
questions. which gave Mr.. Heggerty an
opportunity to explain that the contest.
ants of the will proposed to prove that
Jacob q. Davis, under the name of Ded-
aker, took two-thirds of his mother s
estate, and that she made that provision
in her will because he had sent money to
her almost constantly from time to time
from Florida and California, giving the
present contestants only one-third of her
property.
Mr.. Campbell interjected the remark
that the contestants charged such dis tri-
button of the estate of Mr.. Davis mother
had caused animosity between the fami-
lies of the contestants and the deceased.
with the case at par.
Mr.. knight promised to connect the
circumstances in a logical way.
To this Mr. Campbell replied that there
are but three issues on trial. First, did
Jacob q. Davis write the will here pre-
sented for probate; second, was he of
sound mind; third, was he under undue
influence at the time this instrument was
executed.
! Judge Coffey said he would expect Mr..
Knight to establish the relevancy of this
character of testimony before proceeding
further in this direction.
| Nevertheless. knight was permitted to
show that Mr.. Boyd and Mr.. Davis mar
rico sisters, named McGregor. and that
der the will, was Miss McGregor, q sis
| ter of Mrs. Davis and Mrs. Boyd.
w. G. Dougall, foreman of Montague's
hardware store, testified that the copper
box to contain Mrs. Davis ashes was or
dered by Mr.. Davis, and that after the
ashes were deposited therein the box was
sealed up by Mr.. Davis request with a
soldering iron. This, he declared, &C.
CURED not later than SepteM Der Il, 1896.
Mr.. knight showed he regarded this as
| important, since ne repeatedly called at
tention to the fact that the will was dated
October 1, 1896. The testimony showed
| that Mr.. Davis went East October 2, 1896
Mr.. Dougall saw Mr.. Davis have small
piece of paper in his hand, but did not
know what it contained.
Mr.. Dougall was shown q written state
ment purporting to be signed by him in
which it was sat forth that the sealing of
the box took place on the 1st of October
and he was asked if he had written his
name then.
Yes, that's my signature" he replied,
and then he explained that he was busy
when the paper was presented to him !:
that he supposed it was all right and that
he signed 1t as matter of course without
scrutinizing it.
Mr.. Boyd was recalled and testified that
Mr. Davis told him his relations, meaning
the contestants in this case, had treated
him badly and that they should never
nave dollar of his property.
Coming down to the date of Mr.. Davis
departure for the East mir. Boyd said that
he and Mr. Davis m Of on Octohar I RI foily
over their business and after they had dis
posed of tLer affairs Mr.. Davis said: II
have something to tell you. have made
my will and | have provided for the girls.
When come back intend to make those
G iris my children according to law"
II asked him where we could find the
will, said Mr.. Boyd, land he replied:
with MIR. Mastick.'"
Mr.. Mastick says no will was left with
him by Mr.. Davis.
Further hearing of the case will be
taken nm at 10. 30 this morning.