The San Francisco call., 1904-12-23
Jurors Agree That
TeStatriX Was
Competent
MISS WARREN WINS
Schander to Appeal
From Order of
Probate.
McENERNEY'S PLEA

i took the jury just fourteen minutes
to leave the box and return with
unanimous verdict for the proponents
ID the D0Ibeer viii contest The dis
position that Bertha Marion Dolbeer
made of her estate is TO be carried out
in the Probate Court. for the Jurors de-
clored her 10 have been Of soun mind
when she executed her testament Miss
Eta Warren is 10 receive between
tslo000 and $500. 900 out of an estate
valued approximately al si.lo0.Ooo. and
Miss DoIbeer's wish. often expressed.
that the woman who hac been mother
10 her should always be weu provided
fcr. is ~ be fulfilled
AdOlph Schsrder. the uncle OF the
testatrix. says he has not gigea up the
fghf- His attorneys yesterday after
noon fled notice II appeal 70 the Su-
preme Court from the ora-r admitting
The VIII 20 probate. which was made
bE Judge Coney as soon as the jury
had rendered its decision. He expects
10 tie up the estate for a long period
st any rate and believes that he has a
chance 0f winning the case ultimately
on testimony that Judge Coffey is al
legged 10 have ruled our-erroneously. It
IS generally believed that Schander s
purpose IS 10 force z comprcm:se-
While temporary advantage and de-
lay may be gained by the contestant
through appeal and technical meth DDS,
The proponents now feel that the attack
on the VIII IS virtually ended. The
strength OF their csse as they wera able
T. present j precludes success OF any
attack upon the testament II was
demonstrated that the case q the con
tesrant was cOrrespOndingly weak. for
not n one material point could he ind
anything vulnerable in the document IN
which Bertha DOlbeer wrote away tne
fortune she inherited from her father.
A gracious compliment was paid 70
Hiram johnson when IL was said that
the chief element the proponents .-aG
- combat in the trial was his keen
ability 20 make so much out Of his case.
SWEPT AWAY ALL DOUBT.
Garret ". AIcEnerney Is regarded as
having swept all contrary opinion away
when In his argument he SO clearly
showed how reasonable was the motive
for Miss Dolbeer TO bestow her bounty
Oh Miss Warren. II was & signal stroke
when he culled the transcripts and re-
peated the statements that tsstatrIx
had made 10 a dozen or nora witnesses
concerning her deep feelings OF affec-
ton and gratitude toward Miss War
rem AT various times, going back as
far as the death OF her father in 1902
Miss Dolbeer was shown u have ex-
pressed Ike purpose Of seeing 10 II
that auntie should always BE- wei
1red for" The review # these state
-'ents by McEnerney before the jury is
eemed 70 have clinched his case be-
ond persdventure. for il destroyed the
reIootest question as 10 what prompted
Miss Dolbeer 10 ignore her nearest Of
kin
The verdict unquestionably meets
with general approval and there is
reason 10 believe that had Il been for
the contestant Judge Coffey would have
set il aside. The basis OF the contes-
talt's case was the circumstance that
1Irs. Dolbeer committed suicide in 1879
and that Miss Dolbeer inherited in
sanity, which was aggravated by cir
cumstauCes in her life. But he failed
iu establish that the testatrix was al
any time of unbalanced mind. The
only witness he had 10 this effect was
Mrs Elizabeth c. Phillips. and her tes
timony vas nullifed BY proof OF her
Efforts 70 force Miss Warren 10 yield
up q bonus OF $4,000 by threatening 10