The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-25
DAVIS WILL IN
HIS WIFE'S ASHES
John NJ. Curtis Describes
the Finding of a
$4,000, 200 Paper.
1t Had Been Soldered in a
Copper Box From the
Crematory.
Interesting Proceedings in an I'm
portant Probate Contest in Judge
Coff1y'S Court.

Judge Coffey's court was the scene of
the greatest judicial interest at the new
City Hall yesterday, for the Jacob H..
Davis estate contest was called for trial,
and as the amount involved is about
So 000 600, while the James G. Fair estate
contest calls for only $1,000,00O the crowd
naturally focked to the place where tn e
biggest stakes were being played for.
Mrs Belle Curtis and Miss Lizzie Muir
are the proponents OF the will. They do
not claim any blood relationship to the
deceased, J. q. Davis, but are the nieces
of Mrs. Davis, wife of said Davis, who
died short time before he did. They
lived in the family of The testator for a
great many years, and there is no dispute
that they were very dear to him. On the
other hand the blood relatives of Davis
declare that Mrs. Curtis and Miss Muir
Joined with others in prejudicing the
mind of the deceased against his own
family.
Attorneys George A Knight, Charles
Heggerty and George D. Collins are attor-
neys for the contestants, while the pro-
ponents of the will are represented hy
Mastlck 81 Mastick, Reddy, Campbell &
Nelson, Garret McEnerney and w. B.
Ireadwell.
1t is conceded that the true mama of
He changed it to Davis when he came to
this coast on account of some family diff
ferences, there having been nothing to his
discredit in his early history.
John hi. Curtis was the first witness for
the contestants, Mrs. Catherine Stead and
joseph P. Wilson, niece and nephew of
the deceased. Mr.. Curtis is the husband
of Mrs. Belle Curtis, one of the legatees
under the Will, and consequently Is the
brother-ln-Iaw OF the other legatee, Miss
Muir.
Handing the will of Mr.. Davis
to Mr.. Curtis, the first question
offered by Mr.. Heggerly was in re-
gard to when he first saw that docu-
ment. He replied that it was in the
office OF Boyd 81 Davis, in the Thurlow
block, on the 4th OF Novem Der, 1886. He
said that Attorney George Mastick, NJ.
Ryan, Alexander Boyd and himself were
present
The story told by Mr.. Curtis was to the
effect that he went with the late Jacob 2.
Davis to the store of W. W. Montague and
ordered long square copper box with
rounded corners, which, be said, was to
contain the ashes of his wife Who had died
short time before. Subsequently the
witness and Mr.. Davis went to Montague's
store, obtained the oox and took it out to
the cemetery, where the ashes of Mrs
Davis were placed in the box. The bog
was soldered up by plum Der or tinsmith
and Mr.. Davis took it and started home
with IL.
Mr.. Curtis did not see the box again
until about the 4th of November. 1885,
The box was then found N private safe
in Mr.. Davis residence at 408 Post street.
That safe had been locked for some time.
The way in which it came to be opened
was brought about simply enough. Mr..
Curtis said that after the death of Mr..
Davis a search was made for will. An
effort was made to open the private locker
of Mr.. Davis in the safe of Boyd & Davis
but the locksmith employed was not
able to do the work, so he went for more
tools, and during his absence Mr.. Ryan
tried the lock and succeeded in opening
1t. In the locker were found mum Der of
keys. a writing which turned out to be a
will beQueathing all his estate to his wife
and Jew other documents of no conse-
quence. Among the keys was KEY to
the private safe in the family residence at
403 Post street. He took that key and in
company with Mr.. Ryan opened the safe,
where they found the copper box con-
tanning Mrs. Davis ashes. The box was
taken to Mr.. Curtis office, mechanic
was brought in by Mr.. Ryan and the top
of the box was taken off by the use of
soldering iron. In the box were found the
will here presented for probate the ashes
of Mrs. Davis, the engraved silver plate
taken from Mrs. Davis coffin and some
tissue paper. The will was taken from the
box and the other articles replaced in the
box.
Mr.. Hegeerty wanted to know why the
witness opened the copper box for Mr..
Davis will He replied that he suggested
1he matter to Mr.. Boyd, saying that they
had looked everywhere else for it, and
had not found it, SO that was the last
place he thought of in the matter. Mr..
Boyd said: "All right, John; think you
are right. Ii it is satisfactory to you, 20
500
In answer to other questions, Mr.. Curtis
said: AT the time Mr.. Davis had the box
sealed up saw a small paper in his hand.
1t looked something like this document,
but do not know what it contained. |
did not read it. He said to me that he
guessed he might as well put the paper in
the box, and l said, Yes, it was right for
him to DO just as he pleased, so he put it
in the box. These things l recited 10 Mr..
Boyd. and that was really one of the
things that led US 10 make search in the
box Tor the will
Mr.. Heggerty asked the witness if he
destroyed any papers that he found in the
safe with the will bequeAthing all the
property to the wife of the decedent.
Mr.. Curtis-I don't think did. Ii l did de-
stroy any it was because they were of no i'm
portsnce.
The court-But did you destroy any such
papers?
The witness-I don't remember.
Mr.. Heggerty-If you did des troy them, you
did?
The witness-Yes.