Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1905-08-21
PROPOSED WILL CONTEs:
In Which the Testator Nay be the
Contestant.

a novel suit is breeding in Phoenix.
| If ii should come to a head as one man
| threatens il shall ii will be something
never before heard of in the history of
! jurisprudenCe-the contest by a tesla
tor of his own will. He astounded an
attorney of the Fleming block the 9th
er day by laying the matter before
him.
He said that some years ago he and
three or four others were in the Bo-
dega one night and all of them drank
more than they should have consumed.
At length all of them but one found
themselves out of money, each still
possessed OF a raging thirst. The cap
itaIist of the party was an undertaken.
He put up for the crowd until he had
invested $3.50 Among the members
of the party was a lawyer who sug-
gested that the undertaken be given
some security for his money and it
was finally arranged that the propos-
ed contestant of the will should exc
cute his will devising his body to the
undertaken He was the only man of
the crowd unhampered by a family.
He consented to this request and the
lawyer drew up the will. In the course
of his preparation of it he suggested
that he should be remembered on ac-
count of his legal services. The tes-
tator agreed to that Now at this
particular time the contestant who for
purposes of identification in this rela-s
tion shall be Known as Mr.. A. and the
lawyer as Attorney B., had no prop
erty but he devised to Attorney Il. a
liberal percentage of what he might
die seized Of There was another
member of the party who shall be des-
ignated as Mr.. G. He was left the
bulk of the percentage and the rest of
it was bequeathed to certain relatives
the testator had in the east. The viii
having been duly signed and witness
ed was taken possession of by Attor-
ney 3. who still has it and refuses to
give it up. Since that time the for
tunes of Mr. y. have very much i'm
proved and he is now on the high road
to wealth.
He related all these facts to the at
tOrney upon whom he called for pro-
fessional advice and he added that
some months ago Attorney 3. remind
ed him of the existence of the will
and since then had been calling at his
place of business daily making solicit
tous inquiries regarding the state of
his health. He said that these visits
had a very depressing effect upon him
and he had begun TO fancy that his
health was not quite what it should
be. He said he never felt so we'll af-
ter one Of these daily visitations
Mr.. \. told Mr.. G. about the visits
Of the lawyer and said that he would
like to get the will out of the way.
Mr.. c. replied that the lawyer was
displaying an indecent interest in the
health of Mr.. n. and ought to be cut
off without a cent. He therefore sug-
Eested as proper punishment for
him that Mr.. y. execute a new will
leaving a sull larger bulk Of the prop
erty to himself. Mr. c. Since then Mr..
\. has not sought Mr.. c. for comfort
but on the contrary he regards him
equally as mercenary as Attorney =.
Mr.. a. said further that there was
something uncanny about the knowl-
edge which Attorney Il. possessed OF
his affairs. He said that he kept no
bank account but had a safety deposit
box in which he kept his more valua-
BILE papers and into which he put his
money as he accumulated it, The
money he so deposited consisted en-
tirely of twenty dollar gold pieces. He
never told any one of his peculiar
system of banking, yey one day Attor-
ney B. after his daily inquiry about
his health inquired regarding his saw
ings and asked him how many of those /
his deposit box at that time. The at
tOrney answered his own question and |
named a sum so perilously near the |
actual amount that Mr. A. was further /.
alarmed.
Mr.. 4. one day asked Attorney 3. /
to let him see the will again The /
declined to do so, probably .
fearing that Mr.. A. might attempt for
chilly to destroy it. But the reason he /
gave for his refusal to exhibit the will .
was that. it was couched in legal /
and Mr.. a. would there
fore not understand it.
The attorney upon whom Mr. A
called advised him to make a new will.
In such cases the old was always re-
voked; that in the opinion of the law
yer would be the SIMPLEST disposition
IF the II after Bat Mr.. "A objected,
saying that he feared, after his death.
Attorney =. and Mr.. c.. would bri ~ i'm
he present will and contest the latter
one He said he would prefer 10 have i
he thing settled in his life time; if
here was to be a contestant he want
sd to be the contestant.