The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-13
C0LUSA FARMERS
WILL CONTESTED
Scramble for Henry G.
Nelson's Wealth.
PECULIAR POINTS INVOLVED
DISPUTED INSTRUMENT WAS
NOT SIGNED.
It Is Alleged the Dying Rancher Was
Unconscious When the Codi-
ell Was Drawn UP at
His Bedside.
PECULIAR POINTS INVOLVED
DISPUTED INSTRUMENT Wa
NOT SIGNED.
Special Dispatch to The Call.

COLUSA. June 12.-The taking of testi-
mony in the contest of the will of Henry
c. Nelson, a wealthy farmer of Colusa
County who died about a year and a half
ago, was begun to-day before jury. The
deposition of r. E. Smith, one of the ex-
ecutors. was read, and the testimony of
E ]. Hill of San Francisco, one of the
subscribing witnesses and the lawyer who
dictated the will was taken in part.
From the opening statement of Crit
tenden Thornton for the contestants and
the evidence already taken these allega-
tons are gathered: Nelson was 70 years
old when he died. In July, 1897, he had
a partial stroke of paralysis at his home
near Colusa. In September following he
was taken to the Langham Hotel in San
Francisco TO be treated by Dr. Thomas
Galvan. being at the time so helpless from
his stroke and from sickness that he had
TO be carried on chair. On the night of
October 16, after he had been there under
treatment about a month, he had sec
ond stroke of paralysis. He was not ex-
pected to live until morning. He was at
tended by six of his relatives, nephewS
and neces, who were the children of a
deceased brother. and who lived near him
IN California; Early in the morning of
who resided In the hotel. was hastily
called, and dictated a will in accordance
with directions given to him. Hill was
all the property was to go to his heirs
at law. He hastily dictated the will and
was In an unconscious condition, having
been placed in an invalid's chair. His
head was thrown back, his eyes open and
staring, his mouth open and his jaw
dropped down. During the three-quarters
OF an hour occupied in going through the
form of making. a will, Nelson made no
motion or any sign of intelligence, unless
he squeezed the hand of Dr. Galvan when
asked If the paper was his will, as he
was requested to do if he desired it to be
his will. He never spoke one word nor
gave any sign that he knew what was
going on about him: he was in fact. I'M
conscious at the time. The will left all
who surrounded him. and made Dr. Cal
van, a stranger who had known Nelson
less than thirty days, sole executor with
out bonds. There We're, in fact one sister
and sixteen nephews and nieces living in
the East.
1t is claimed that Nelson was clearly at
the point of death at the time. The rela-
1Ves had sent for an undertaken and he
had arrived before the will was made
The contestants propose to prove that the
relatives who were present were dissatis-
fed with having DIR. Galvan sole executor
without bonds unless some one of them
would be appointed by Galvan to manage
the estate. The male relatives before the
death of Nelson and Immediately after
the will was made separately importuned
Galvan to make them managers, and
upon Galvan declining to do so they pro-
coeded in great haste TO procure the at
tendance of J. w. Goad. an attorney of
Cclusa, and DR.. Gray of Colusa, and on
their arrival on the evening Of the goth
of October had Mr.. Goad draw up codi-
Gil to the will. adding himself and two
members Of the family as additional ex-
ecutors. but still leaving all the estate TO
the California relatives.
It is claimed that Lawyer Hill took the
part he did only because of the misrep-
reservations made to MIN at the time, and
he is now here as a witness in behalf of
the contestants and has told on the stand
just how the will was brought about and
just how it was made and witnessed.
AT the adjournment of court the ques-
ton of introducing evidence to prove the
joint efforts or conspiracy of the inter
ested parties to procure the making of
the will and codicil was being argued and
this will be further argued tomorrow
morning. The contest. promises to be a
very sensational one. The parties are all
prominent and are ably represented by
counsel, there being no less than four law
Yers on each side.
The defendants deny all that is charged
against them and say they can completely
refute all the testimony offered by the
contestants.