The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-12-03
TO A SHARE.
Judge Cofey's Decision Favors
a Natural Son Of De
Laveaga's Brother.
An Estate of One Million Dollars
Disposed 0f-Many New Legal
Points Decided.

Maria Jose ia Cebrian and Maria Con-
cepcicon de Laveaga, who claim to be the
only living heirs of Jose Vicente de La
veaga, deceased, have been defeated in
their efforts to gain possession of The resi-
due OF the property of the decedent not
disposed of by will which is valued a over
half million dollars. In one of the most
lengthy decisionsever handed down by the
Superior Court, Judge Uoffey yesterday
den ed the petition of the young women
for a distribution of the estate and de-
clared Anselmo Jose Maria de Laveaga,
an Legitimate son of a deceased brother
of the testator, Jose NJ. de Laveaga, to be a
egal helrand entitled to an equal division
OF the estate.
Many of the points in the decision OF
Judge .Coffey were passed upon for the
first time in the annals OF legal juris-
prudence in this Stale. Jose Vicente de
Laveaga, the testator, was Mexican By
olrth, but at the time OF his dea was d
citizen OF the United States. His estate,
valued al over: 81. 100000, consisted OF real
estate in this cily and San Benito County,
and of stock in the Alaska Commercial
Company and the California Powder
Works. Shortly after his death a will was
.ound which was accom- panied by forty
codicils. In the will the deceased made
nc provision for his brothers or Sister,
but upward of $4,000 in MINOR beque is
aere disposed OF. Besides this amount
half million dollars were lett TO various
charities.
After the will had been filed Cor probate
the sisters of the decedent, Maria Joseia
Cebrian and Mara Conception de La
veaga, filed a petition for partial distri-
button of the residue of the estate not is
posed of in the will. Anselmo Jose Maria
de LaVeaga the lllee itimate son of the tes-
tater's brother, then filed an answer and
cross petition and laid claim TO one-tourth
Of estate.
Prior to his death the father of the
cross petitioner made a will in which he
eknowleCged the young man as his son
and lett him his entire estate. The will
was admitted to probate by the Superior
Cour, of this city and count y on Decem Der
g. 1895, and no appeal from the judgment
then flied was ever made.
Prior to his death The father made and
executed, the presenc, of F. A. Schro-
der and DR.. Wilhelm Dohrmann, an ac-
acknowledgement that Anselmo was his son.
This document was da ed May "a, 1873
and reci;es the birth OF the boy Mgzat-
Ian, Mex CO, on April 81. 1868 The fact OF
he death OF the boy mother, Basi ia
Sanchez, six years af.er his birth and O.
his removal to this city, where he was
placed in The family Of DR.. Dohrmann,
wa also noted.
WEh the legal right apparently his, the
illeef innate son had 10 hesitation in max
ing a contest for a portion OF hi uncle :
property. To the plea of the Young man
the sisters of Jose Vicente de L tveaga de-
INJURED on the ground that the legitimacy
of the claimant was not made TO appear
and that the acknowledgment set forth
was not sufficient IN point of law TO
change the legal status of the ung man
so as TO enIitle him o inherit. Judge
Coffey failed tc take this view of the case.
however, and in conclusion of lengthy
opin1o on overruled the demurrer and de-
clared the son an heir to the estate with
them.