The San Francisco call., 1897-10-27
CAPRON WILL CONTEST.
His Stepdaughters Ask for
an Estate Worth
100000.
Charge of Undue Influence Made BY
the Attorneys for the Young
Ladies.

Attorney Henry E. Highton made the
first formal argument in the John S.
Capron 500, 000 will contest yesteTd ay
morning before Judge Coffey and a jury.
Mr.. Highton stands as the champion of
Judge A. L. Fitzgerald of Nevada, who
claims the right to act as executor of the
decedent's will. Ex-Judge Henry Meyen-
baum. E. S. Pillsbury, Alfred Sutro and
Theodore Roche appear with Mr.. Hight ton.
On the o her side are Attorneys Reddy,
Campbell & Nelson, E. T. Mogan, John
h. burst and Wolf & Jacobs. These repre-
sent the three Siepdaughters of Mr..
Capron, who oppose Judge Fitzgerald's
claim 10 control the affairs of the dead
man.
Mr. Hight on drew the attention of the
court to the unusual Circumstance that in
tais action two wills have been filed for
probate and that they are in conflict in
all particulars of importance. He there
lore appealed 10 the court for a ruling as
10 the mode Of procedure in presenting
the evidence.
Judge Coffey replied that the issues
would be tried on the issues raised by the
pleadiugs, and that Mrs. Hattie NJ. Kear-
nv, Mrs. Madge Manton and Miss Mamie
E. Capron should take the initiative
Myer Wolf presented the opening state
ment on behalf OF the stepdaughters. He
Sdlu IL w as DIpDOStu 10 SHOW IlaI from the
time that Mr.. Capron married the widowed
mother of these young women I'D to the
day of his death he had regarded them as
his own children; that he lived in tie
same household with them; that there
was the greatest affection between them;
that he often told people that he was work
ing for his three daug hters, and that thew
were TO have all his property; that he
even went farther and actually did give
his stepdaugbters all his property by
deeds of gilt of real estate, assignment of
mortgage and transfer of stocks and bonds:
that he made several wills and that in
ali of them he bestowed all his property
on these three young women in accord
ance with his oft-repeated intention
touching this matter.
But there came a change in the phvsi-
cal and mental condition of Mr.. Capron
according to Mr.. VOLTS recital, resultin 2
from the excessive use of morphine and
other drugs OF similar nature. Mr.. Cap
ron went 10 the springs for time but re-
turned in worse condition than ever. He
began to mutter 10 himself grew sus-
picious of everybody, thought he was
about to be poisoned, threatened TO COM
nit suicide and finally did commit
suicide by shooting himself in the head.
1t was after the return from the spriE gs
that the Photographic will was prepared and
signed by which Judge Fitzgerald WAS
named as executor and the\bulk of the
estate was bequeathed to thatgitzgerald
family. This hoIographic will DIR Wolf
declared, was procured by the Undue in
fiuence of Judge Fitzgerald, who was an
old friend and adviser of Mr.. Capror, and
he further contended that Mr.. Capron
was mentally Incompetent 10 make a will
at the time the Photographic will was
signed.
After the opening statement there be-
gan the usual legal fencing with which all
will contests open. J. c. Campbell a ked
for the production of the private papers
OF the deceased and it was ordered that
they be delivered in court.
In the afternoon, Mrs. Nellie McDer-
mott, who was present when the holo-
graphic will was signed. testified that Mr..
Capron had been very sick with rheuma-
tism and bad taken considerable NOR
phine at different times, but she thought
he was of sound mind when he made The
Photographic will.
Other testimony will be heard to-day,
and it is probable that the trial will last
for several days.