The San Francisco call., 1904-12-10
EDNA HOPPER
FULL OF FIGHT
Will Sue to Have Probate
Proceedings on the Duns-
muir Estate Set Aside
FATAL DEFECTS IN CASE
Legal Battle for Millions
May Soon Be Transferred
From Victoria to This City

Documentary evidence showing that
the former Premier of British Colum-
bia, James Dunsmuir, during his term
Of Office, swore to support the Consti-
tuion OF the United States will form
an interesting feature Of a suit to be
filed in this city in a few days. At
torney ]. c. Campbell of Campbell &
Metson is preparing an action which
aims to set aside all the probate pro-
ceedings in the rich estate Of the late
Alexander Dunsmuir, for which Edna
Wallace Hopper, the well-known
young actress, backed by the mother
of Dunsrluir. is now fighting in the
courts Of Victoria. In this suit evil
dence will be introduced to show that
ex-Premier James Dunsmuir, in secur-
ing letters of administration from the
local Superior Court, ascribed his Sig
nature to a formal oath to support the
Constitutions of the United States and
the State of California, this proceed
ing being necessary in view of the fact
that Dunsmuir was a foreigner.
The suit to be brought by Attorney
Campbell has been personally author
iZed by Mrs. Dunsmuir and Mrs. Hop
per and will set forth several import
ant points, the gaining of which would
result in setting aside the probate pro-
ceedings and possibly transfer to this
city the fight now being waged in the
Victoria courts. During the recent
hearing in Victoria the witnesses to
the will of Alexander Dunsmuir testi-
fed that when they affixed their sigma
lures to the will they did not know the
nature of the document They were
positive on this point and the con-
testants Immediately took advantage
of it, claiming that the California
statutes, which had jurisdiction in the
matter, plainly provide that witnesses
to will must be acquainted with the
nature Of the document, and that it is
incumbent on the testator to inform
them Of the fact that the document is
his last will.
The court ignoring this contention
the contestants appealed and the
higher court sustained the latter, GO
ing so far as to rule that the point
was a vital one and agreeing to give
1t full consideration as soon Is a COM
missioner could take further evidence
in the matter and make his report. 1t
is for the purpose of taking this testi-
mony that Judge Coyne OF New York,
who represents Miss Hopper, is now in
this city awaiting the arrival of the
LEGAL advisers of James Dunsmuir
from Victoria. Apparently the only
way out of the difficulty confronting
to freshen their minds and change
their testimony when 1t is taken next
week before the local British Consul.
1t will also be shown that the late
Mrs. Wallace did not have her day in
court and was wrongfully advised as
to the California law by her attorneys,
Wilson & Wilson, who have been
charged with having worked on both
sides Of the will case. Other allega-
tions to be incorporated in the COM
plant are that James Dunsmuir, in
petitioning for letters of administra-
tion on the estate Of his millionaire
brother, set forth that the latter had
been a resident of San Francisco, a
fact which Alexander Dunsmuir
claimed in two wills, one executed in
1898 and the other, his last, signed on
December 21, 1899. Evidence will be
introduced to show that later James
Dunsmuir. when called upon to pay a.
collateral tax at the time the estate
was ordered distributed, made affidavit
to the effect that his deceased brother
had not been a resident of California.