Los Angeles herald., 1906-01-10
MISS HOPPER IS
LOSER IN SUIT
GETS NONE OF DUNSMUIR
MILLIONS
Action 5sought by Actress to Break
VIII Of Former Premier of British
Columbia Unanimously
Dismissed
nv Assnciaiod llrnns-


| VICTORIA, Jan. 9.--Edna Wallace
| Hopper's attempt to break the will Of
/ her stepiathcr, Alexander Dunsmuir
Millionaire ana brother of James Duns-
muir, millionaire and former premier Of
| British Columbia, was today uuani-
mousy dismissed with costs by Chief
Justice Hunter and Justices irving and
| Martin. The estate involves several
millions.
Mrs. John Dunsmuir, mother of the
deceased ana James Dunsmuir. inter-
voned with the plaintiffs attacking the
WILL her suit also falling.
The judgments were very lengthy,
that Of Justices Hunter and Irving oc-
cupyng two hours to read. The evil
dence Of eighty eyewitnesses was taken
for both parties, those for the plaintiff
stating in effect that Dunsmuir was
of unsound mind through the excessive
use of alcohol; those for the defendant
stating Dunsmuir possessed his facul-
ties and business acumen.
The Judgment stated that all the Wit
nesses brought to impeach the will by
the plaintiff spoke only from short ac-
quaintance with the deceased or only
as to isolated occasions when he was
intoxicated.
Eliminating all the evidence of parties
at interest-employes, relatives and So
licitors-there remained a score of fair
minded, credible witnesses, whose bus-
ness, social and personal relations with
Dunsmuir extended over large periods,
most of the time dealing with the last
two years of his life
Considering this evidence it was not
necessary to consider speculations of
alienists called to dispute or support
the sanity of the deceased. Had any
credible evidence been given that when
not intoxicated Dunsmur mumbled
inrnhprP11t In snanpb 6rn coed 1ie
feet or had to be amused as a child, as
stated by plaintiff and her maid, II
would have been necessary to consider
the experts evidence. Even then the
evidence of such experts would be given
more weight if given by indifferent as
SCISSORS, sitting with the court, instead
of under retainer for the parties, and
the judges hoped in future such evil
dence would be obtained in that way.
Reference was made to the documen-
tary evidence, particularly the tele-
grams and letters in the last year of
Dunsmuir's life dealing with business
matters involving large sums; also the
will of plaintiffs mother, in which the
bulk of her property was left to Duns-
muir and the plaintiff, her daughter.
The fact that plaintiffs mother COM
mitted her own future to him by mar
rying him a little more than month
before his death was also given weight.
Having obtained a large amount of
property from him which could not be
taken from her in view of the SubSe-
quent will, the natural inference was
she did not think Dunsmuir demented,
and who was more fitted to Judge than
the woman who lived with him twen-
ty years?
There was no satisfactory evidence to
show that james Dunsmuir had sug-
gested his brothers will, but rather that
Il
intentions. Moreover, the defense hav-
ing the onus on them to show the will
was not that of denented man, had
done SO. In view of this, it was not
necessary to consider questions affect
ing plaintiffs case as to whether the
agreement between James Dunsmuir
and her mother was the result of un-
due influence or plaintiffs status.
The evidence as to Dunsmuir's domi-
cile was reviewed at length, particu-
larly that taken by the commission at
San Francisco, and the opinion of the
judges that it was shown as his resi-
dence was Victoria, not California.
Justice Martin in his Judgment said
that while there We're charges and
canery against both plaintiff and de-
fendant a satisfactory conclusion
could be reached without weight being
attached to the evidence of either. He
held that Dunsmuir's residence was
British Columbia, and that the evidence
of undue influence was not such as to
warrant disturbing the decision of the
trial Judge, Justice Drake, whose de-
cision, as did the other judges, he af-
firmed.
On Monday argument will take place
regarding costs, and the plaintiffs
counsel will ask leave to appeal to the
privy council of England, the court Of