The San Francisco call., 1904-12-21
ILL HEALTH NO FACTOR.

The contestant has striven energetieally TO
make il appear that Bertha Dolbeer was in
~ health. What evidence is that Of an un-
sound mind2 The great majority OF wills are
made on the sickbed. and il would be a radical
departure from the principles that obtain TO
base q contest on the ground Of mental in
competency with no further evidence to sup
port Il than the i'll health OF the person who
made the viii.
McEnerney explained that if the will
is broken the estate, by the law of sue
cession, win go TO Adolph Schander. the
contestant; his brother, Horatio Schan-
der, and his sister, Mrs. J. L. Moody,
who were brothers and sisters of Mrs.
Dolbeer, the mother of the testatrix.
They are the nearest Of kin, there being
no relatives on the fathers side closer
than cousins, whom the law would ig-
more. Never since the death of Mrs.
Dolbeer in 1879 had Adolph Schander
ever crossed the threshold of John Dol
beers home. Neither had Mrs Moody
ever been visitor at the DOlbeer home
since 1879, until the funeral of Bertha
Dolbeer. Nor did Adolph Schander or
Mrs. Moody, according to the evidence
in the case, ever speak to John Dolbeer
after the death of his wife; they would
pass him on the street without showing
him sign Of recognition. CONTINUING.
McEnerney said:
And yet these people, the contestant and his
sister. contend that the viii is Unnatural In
that there were no bequests for them not
withstanding they had been strangers 10
Bertha DoibeeT's father for twenty-five wears
Fred Moody declared to Douglas Watson that
the estate was none Of his pie because he knew
OF the relations that had existed and there
fore did not reasonably expect that his mother
would be remembered in the testament
Moody's Judgment the natural conclusion
and Just he thought was right Miss Dolbeer
did not leave a bscuest TO his mother or his
uncles. the two schanders.
Indeed, think of the irony Of fate If John
Ilclnecr should sleep in
Cypress Lawn Cemetery with the suRerance OF
these three people. to care for his grave They
despised him In life and in life he had nc
love for them. Why should IL be that those who
were dearest and nearest TO him in life should
not enjoy the fruits Of the fortune he had
built uD when such was his expressed wish
and such was the wish Of the daughter tc
whom his estate had descended?
In general outline Bertha Dolbeer used the
form Of her fathers will The dominant fea-
lures in the two instruments are the same He
was sctuated by affection for these Of kin and
for those who iabored for him Miss Warren
he mentioned as - member OF his family .
brought up from abject poverty" to use the
language OF counsel for contestant was re-
ferred TO affectionately as "a member OF my
family" Though there no tie Of blood
she had acquired a stronger tie Of Relationship
by far than that OF the Schanders and Mrs.
Moody
Bertha Dolbeer exhibited the same senti.
ments as did her father She made a number
OF Identical leFacies. William G. Mugan and
George ID. Cray. who were named as executors
by the father. were appointed 20 similar ca
pacity by the daughter 1t was plain on the
face OF the will itself that Bertha DoIbeer in
teiIigently and. sanely disposed OF her estate