The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-08-29
Mrs. KIuge Will Gre
ate the Trouble.
so DECLARES HER ATTORNEY
HE SAYS A WILL LATER THAN
1882 EXISTS.
The Contest for the Estate May
Not Be Commenced Till
the End of a
Year.

The application for the probate of the
will of Adolph Sutro will be heard to-
morrow by Judge Coffey. Joseph Moore,
the lawyer, who was one of the wiz
nesses to the document, will be present
and testify to his signature and other
matters in relation to the testament Mr..
Moore was the attorney for Mr. Sutro,
and passed his opinion upon every foot of
land owned by the deceased In this State,
besides conducting much of his litiga-
ton. He was very intimate with Mr..
Sutro, who had a desk in his Office for
many years.
THE only remaining executors of the
Will are Mr.. Adamson and DR.. Emma
Merritt, and they appear to be on friend
ly terms" said Mr.. Moore last evening.
II understand that the heirs are salts
fed with the will and have no objections
TO Mr.. Adamson as an executor. 1 sup
pose that Mrs. Kluge, claiming to be the
wife of Sutro, will at some future day
come forward and present claim, at
least, in behalf of her two children,
whose father, she says, was Sutro. AS /
was Sutro's attorney I could not take
any part for her, even if knew that she
was right.
'As to the proceeds of the estate, I am
of the opinion that there ought to be a
good million dollars left, If there is rea-
sonable and judicious cooperation be-
tween the creditors and debtors. DR..
judgment, having inherited some of her
fathers talent
1.-The trust clause must go by the
board. That is conceded. But this will
not effect the general integrity of the will
nor the executorship or any other
clause"
now a settled fact, but when the initia-
tory steps will be taken no one yet
knows 1t is not necessary that she
shall set up her objections to the probat-
;- Of "a will al the hearing of the
plication tomorrow. Proceedings in be-
half of herself and children can be in
stituted within year after the will is
mrs. KIuge is going to insist on her
rights said Van r. Paterson, her at
terney yesterday afterno0n; of put put
estate is a question. We are perfectly
satisfied that ii is not the last will OF
Adolph Sutro. He made later will In
which he gave the heights and his library
TO the City of San Francisco. There Is
no doubt in my mind of establishing the
fact that he made such a will, but the
thing. We might prove by hundred
witnesses that Sutro made will subse-
Guent to 1882. and still be unable to say
Just exactly what that will was But he
did make a will after 1872, and somebody
has the document, otherwise Sutro has
made false assertions
1T makes but little difference to Mrs.
Kluge's children whether they assert
their rights now or at the time of the dis
that ought not to be paid for this viii is
not his last will. This will gives $500 900
to brothers and sisters, nephews and
nieces If it is beaten this money goes
into the general fund of the estate and
will be divided among the heirs-at-law.
We may not be ready on Tuesday. How
ever, we don't have to show our hands
for year after the probate. We are not
obliged to assert all our rights even then
We can wait until the distribution so far
as the children are concerned. The heirs
are very firm in their assertion that they
will not entertain any proposition of COM
promise. However, If they persist in
maintaining that position there will be a
fight to the finish"
Another lawyer incidentally connected
with the Sutro affairs expresses the
opinion that the heirs viii come to some
agreement as TO provision for Mrs
Kluge's children.