The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-07
WILL OF SUTRO
NOW ATTACKED
Undue Influence and In
sanity Alleged.
CONTEST PAPERS FILED
PROSPECTS OF A VERY LIVELY
LEGAL BATTLE.
Edgar E. Sutro, Son of the Dead
millionaire, Makes Some
Decidedly Serious AL
legations.
CONTEST PAPERS FILEI
PROSPECTS OF A VERY LIVELY
LEGAL BATTLE.

There will be a stubborn contest over
the probating Of the Will OF the late
Adolph Sutro, who recently died, leaving
an estate roughly estimated to be Wor'n
at least 81, 900 900. The papers or contest
were filed with the County CLERK yesIer
day by Attorneys McEnerney, 3lsnop anu
Wheeler. Who have been retained by Ed
gar E. Sutro son of the dead m1llloH-
aire, to fight his claim in court.
The contest does not come as surprise
A few days after the burial OF eA-Mayof
Sutro it was publicly annuonced tE.aV eF-
position would be offered to the propatlng
of will executed in May, l1'Z- me
claim was made that there was Will OIL
later date and interesting Developments
were awaited The papers hled in the
present contest do not refer 10 any Iater
will, but SCI forth that Sutro dled lNtes :
tate. The claim is further male that at
the time Of the execution OF the VIII q !
fered for probate Sutro was OF dnSounu
mind and incompetent to make 4 Will OF
testament. The following allegations d4e
taken from the papers filed yesterday
That said Adoph Sutro deceased, was at
the time of the execution of said alleged Will
and for a long time prior and subsequent
thereto had been OF unsound mind and neon M
petent to make. execute, publish or republlsh
q will, and not OF sound mind ana was
wholly incompetent to make will or tesla
ment.
AT the time of the execution of said alleged
will the said Adolph Sutro was laborlnS uhaer
fiuenced, dominated, controlled and governed "a
by decisions concerning and relating TO TINS
petitioner and his sisters and brother, which
delusions had no existence in fact and were
wholly without foundation in fact ana whlch
could not be removed by argument, proof or
persuasion and which were insane deIuslons;
Said will executed as direct result OF and
by reason of such insane delusIens
Said instrument dated May 22 1882, and filed
herein on the 18th day of August 1898, and
purporting to be the last will OF Adolph Sutro,
was procured to be made by reason of and
fhrCn Influence
the said Adoph Sutro by divers persons, and
that the said instrument was and is the direct
said that said AGolph Sutro was not at the
time of the execution of said instrument free
from undue influence, and for long time prior
thereto had been and until his death continued
to be acting under and subject to the undue IN
fiuence of divers persons; and the said instru-
ment and its execution were and each was pro,
cured to be made by means of and through ana
as the direct result of undue influence eXerted
upon and said deceased by said persons;
and said instrument and its execution were
and are and each Of them is the direct result
of the undue influence exerted by such persons
over and upon the said Adolph Sutro.
At the time of the execution OF the said in
thereto the said Adoph Sutro was suffering
from physical ailments and disorders, the pre-
else names and nature of which are unknown TO
this contestant, and by reason thereof the said
Adolph Sutro became and was on the I'D day OF
May, 1852, and at the time of the execution OF
said instrument weakened in body and mind
and susceptible to prejudice and to the undue
influence and artiflce of designing persons For
Il
ment, namely May 70, 1882, and at the time of
its execution, divers designing persons had the
desire and intent to influence and induce the
said AdolDh Sutro to make a last Will and
testament and to make provision therein similar
II not identical with lAe provisions contained
in the instrument hereby contested.
Pursuant to their aforesaid design and in
tent the said persons, for the purpose of pre-
JUDGING the said Adolph Sutro against this
petitioner and against his sisters and brother,
willfully and falsely represented to said Adolph
Sutro and persuaded him to believe that your
petitioner. his sisters and brother were want
ing in proper affection for him, and so induced
him to believe. Each and all of the aforesaid
representations and statements to said Adolph
Sutro false, and at all times known
same. By reason of the weakness of mind and
of body Of the said Adolph Sutro and his sus-
cepttbility TO prejudice and to the influences
and artihces Of those about him. and by
son OF the aforesaid Misrepresentation of said
persons the said Adolph Sutro was induced ard
persuaded against his true wishes and desires
but pursuant to the wishes and desires of the
said persons, to make and execute the said
alleged last Will and testament dated May %,
1882
The most important feature of the con-
test, If the allegations are true, is that
Sutro was insane from 1882 up to the time
OF his death. That beir~ true, San Fran
cisco was for two years presided over by
Mayor who was by reason of mental
affiiction unable to attend to his private
business, much less the affairs of a great
municipality.
Young Sutro demands a jury trial of the
contest, and pending the hearing of the
proceedings all matters in connection
with the probating Of the will have been
postponed by Judge Coffey until Octo-
Der 6.