Los Angeles herald., 1905-10-27
DECIDES PRESTON WILL
CONTEST
Superior Court Rules Mrs. Eva Clifford
of Whittier to Be Unlawful Heir.
Sustains Undue Influence
Charges

nnding Mrs Eva CLIFFORD, to whom the
estate had been given, is declared to
be an unlawful heir and Elizabeth
Preston. aged mother of the deceased,
Is given all the property.
The Preston case has nearly divided
Whittier society and nearly every fam
lily of prominence of the little city was
represented last week when the case
was tried before Judge James.
Preston was twenty-four years of age
at the time of his death and up to
| three years prior to his coming to Cali
fornia had lived with his mother at
Utica, N. Y. Prior to leaving Utica,
Preston became i'll with appendicitis
and his mother nursed him through
| that illness, which was critical and
which lasted for five or six weeks.
After his recovery he went to Ver-
mont and there met Mrs. Clifford. At
still later date Mrs. Clifford moved
to California, and Preston upon the
advice of his physicians came TO Los
Angeles in the hope of regaining his
health. He was suffering with malig-
nant tuberculosis.
Upon his arrival in California he
sought out Mrs. Clifford and boarded at
her home, under an agreement that a
| stipulated sum should be paid as rent
But his condition became worse, and
he finally bought a small plot of ground
and lived in a tent.
Judge Analyses Motives
A portion of the decision, which is
regarded by attorneys of the Los An
geles bar as one of the finest judg-
ments of such contest in the history
of California litigation, is as follows
"The neighbors about Preston were
sympathetic and kind, and he was a
welcome visitor at their houses. At
many of these he stopped frequently
for meals. 1t does not appear that any
of these neighbors excepting Mrs. Cliff
ford either required or expected any
remuneration for the kindnesses shown
or accommodations so furnished the
sick man. 1t is true that he made his
home regularly at the house of Mrs.
Clifford. 1t is also true that that lady
advanced him money and gave him
support of more substantial nature than
did any of the other neighbors, but the
transactions between Mrs. Clifford and
the testator at that time appear to
have been principally of a business ma
ture; that is, she eXacted a stipulated
sum as payment for the accommoda-
tions furnished and he intended to re-
imburse her for her outlay and trouble.
1T may be pertinent to remark that
up to this point in the history of the
acquaintance between Mrs. Clifford and
the testator Seth Preston had paid
fully all charges held by Mrs. Clifford
against him, except, perhaps, a small
sum of money she had advanced to
him when he went on one occasion to
the mountains. The entire course of
conduct of Mrs. Clifford as illustrated
by the evidence goes to show that the
attention which she had shown the tes-
tator was not prompted by such phi
ianthropic or unselfish motives as
would preclude her from an expectation
of complete payment as reward there
for; the terms for board and room and
also for nurse hire which was occa-
stoned later appear to have been the
subject of express stipulation between
herself and the decedent. This feature
of the case is important in considering
the merits of the charge of undue infiu-
ence made by the contestant.
Held but Little Property
"At the time he went to live in the
tent Seth Preston possessed but little
money. He then owned an equity in
the plot of ground upon which he had
erected his tent, a few personal effects
and number of chickens. He also
held life insurance policy for the
amount of $500 and another for the
amount of $1,000. Upon these policies
he endeavored to borrow money to
cover his expenses for living and care
when he became too sick to work, but
met with no success in this endeavor
until it was proposed by some of his
friends that he make an assignment
of the policies and transfer his prop
erty in trust as security for care and
advancements.
"At one time he thought it advisable
to leave his tent and come to Los An
geles and enter the county hospital for
treatment, but when Mrs. Clifford was
notified of this intention she informed
him to take no steps in that direction
till she had seen him. He needed this
injunction and it was Immediately
after this that the equity in the real
property was transferred to Mrs. Gilt
ford and the $500 life insurance policy
was delivered to her as trustee to hold
the same for the estate of the testator.
Finds In Favor of Mother
ut sufficiently appears that at the
time the testator became so i'll as to be
unable to attend his own wants or
manage any business that he trans
ferred his equity in the real property
and assigned the beneficial interest
Under the insurance policies to Mrs.
Clifford to hold same as trustee for
estate.
The fair conclusion 10 be drawn
from the testimony is that the $1,000
ford's name was substituted as hene-
ficiary, was so made and delivered for
the same purposes as the $500 policy of
insurance and the title of the equity in
the real property waI made over to her
to wit, to hold in trust for the estate
of Seth B. Preston or his mother.
"There are a number of contradic-
tions in the attitude of Mrs. Clifford
and in her statements which are op-
posed to the claim that she was acting
solely for the benefit and best inter-
ests of the sick man. The thought of
reward was not secondary considera-
ton. Expressions in letters of Mrs.
Clifford to a brother of the testator in !
the east show a temper of mind not
charitable or friendly to the mother.
Findings Will be in favor of the
mother, who has contested the will of
Seth B. Preston, as to undue influence
charged against Mrs. Clifford which is |
alleged to have been exerted in pro-
curing the execution of the codicil re-
ferred to-"
TINE TABL-E FOR SAN PEDRO