Amador ledger., 1900-11-30
THE BoIcHEeRAIN CASE.
A Bitter Court Fight Over the viii of
Gustave Boichegrain.

contest, brought in verdict against
the will.
Gustave Boichegrain was an old
Frenchman, who lived few miles out
side of the town of lone, and had
neither kith nor kin in the world, save
an aged brother, who resides at
Versailles, France.
This brother has large income of
his own, and as appears, from his
deposition on file, is man of comfort
able circumstances, and has no family,
other than his wife.
The brothers had not written to each
other for ten years.
During Boichegrain's last Sickness
he was attended by DR.. A. L. Adams,
who had been his physician for many
years, and was taken care of by Mr..
and Mrs. R. G. Mayes, who were at
that time conducting the ''Mayes
Hotel" at lone.
Boichegrain died at the hotel, Nov.
IL, 1899. After his death the last will
of the deceased was filed in the Su-
perior Court of the county by Jacob
Surface, the person named therein as
executor; on the 5th day of December,
the will, on the testimony of Geo. H.
Cordy and Ferdinand Burg, was ad-
mitted to probate.
T O..
face $500, r. G, and L. G. Mayes,
$500, DR.. A. L. Adams $500 and the
remainder of the estate to the brother
in France.
j. w. Surface was the most intimate
friend that the deceased had, and for
over 25 years he attended to almost all
of Boichegrain's business affairs.
The estate amounted to $4,000 which
was converted into cash and was ready
for distribution on April 49, 1900, when
one Samuel ]. Brun and one ]. r.
Aitken of San Francisco appeared in
open court, and upon behalf of the
brother, filed contest to the will.
They showed no authority from the
brother.
Surface, Mayes and Adams answered
the contest denying every material
allegation set up by the contestant, and
the issues joined were tried last week.
Nine questions were submitted to the
jury-the first seven relating to the
execution of the will and the mental
condition of the testator, and the last
two, as to whether undue influence was
exercised by Surface, Mayes and
Adams.
The jury answered that the will was
not legally executed, that the testator
was OF unsound mind and that undue
influence was used.
In contests to wills, the verdict of the
jury is special verdict, the jury find
ing on the facts only, and the Court
draws the legal conclusions and enters
judgment. The Court determines
whether the verdict is supported by
the evidence and shall be accepted or
not.
Four witnesses were called for the
contestant and two depositions read.
The only witnesses contestants pro-
duced on insanity were Ed. Mullen, J..
Hardenberg and Leona Veerkamp;
they simply said that on one occasion
before the will was made, they did not
think Boichegrain was of sound mind.
Against this testimony, W. A Ben
netts, E. w. Perkins, F. Seguin, ]. E.
Kelly, Mrs. John Tuohey, Lee Martin,
G. r. Downs and Geo. A. Gordon testi-
fed that the deceased was OF sound
mind; so did Messrs. Surface, Mayes
and Adams.
The only evidence of undue influence
was that of Mrs. Mary Crowley, who
testified that two days before Boiche-
grain died, she was in room next to
that of the deceased, listening, and
heard Surface and Adams talking to
the deceased about making his will.
In contradiction to this, M. Hammer
the lone merchant, testified that DR..
Adams was treating him for an acci-
dent to his hand at the doctors office
at the time Mrs. Crowley stated she
heard Adams in the room of the de-
ceased and w. A. Bennetts testified
that he was in to see Boichegrain at
that time and Adams was not there;
Jacob Surface testified that his father
was at the Bank at that time; Adams
and Surface testified that they were
not in the room of Boichegrain's that
afternoon at all; Mayes testified that
the room Mrs. Crowley claimed she
was in was always kept locked and the
key in the Office and that the plastered
walls between the two rooms were too
thick to hear an ordinary conversation.
Mrs. Crowley further said that she
repeated to Mrs. John Tuohey and
Mrs. Martha Jarvis what she heard;
both these ladies took the stand and
denied her statements in toto.
A letter was also introduced in evil
dence written by Mrs. Crowley, who
lives at Stockton, to ]. w. Surface at
lone, which reads as follows:
STOCKTON, Oct. q, 1900.
Mr.. Surface:-Lawyer Brun has
written me that he will come to Stock
ton to get my evidence in the Gustave
case; can you come down to see me
Tuesday or Wednesday; as I don't
want to go to the trial
| should like to talk to you about it.
thiralz II ,xzill l,c, l1, lac.