The San Francisco call., 1906-07-17
WILL Of ]. R. HITE
IS CONTESTED.
Nephew Alleges Undue
Influence Was Used
on the Millionaire
ATTACKS CODICIL

John r. Hite's million-dollar estate
IS 10 be the object OF court struggle.
Contests were filed yesterday by ].
Claude Riley. nephew and a residuary
heir TO one-third of the estate. and
Eta Gross, who would have received
$4,000 under the original will, charging
that q conspiracy was entered into by
Lucretia Y. Grove, a sister OF the de-
cedent. Emma HOtchkiss, w. J. Hotch-
kiss Luther Z. Grove and Mary Grove.
all relatives OF Hite, to induce the old
man, weakened by sickness and eNces-
sive use Of drink, to write two codicils
by which the present plaintiffs lose the
greater share OF the property that
might have been theirs.
II is alleged that Lucretia Grove,
aided and abetted by her children,
worked from 1903 up 10 the time OF
the death OF the millionaire, April IS.
1906 TO influence his mind against j.
Claude Riley. formerly his favorite
nephew. and not only did they live with
Eite and refuse his most intimate
friends and relatives permission to see
him. but poisoned his mind with stories
rejecting seriously upon the moral
character of Riley.
The contestants declare that Mrs.
Grove repeatedly urged her brother TO
change his VIII and so worked upon
his enfeebled mind that certain codicils
were finally produced that changed the
intentions OF the decedent although il
IS further alleged that Hite did not
write the codicils and further that they
were not properly witnessed.
LEFT LARGE ESTATE.
Hite died on April IS. leaving an
estate OF large proportions, including
real property valued at half a million
dollars. cash on deposit in various
banks amounting 10 $4,000 and vari-
Gus insurance policies which would
bring the estate up to $1,000. 900. The
original viii and codicil were destroyed
by the FIRE. but copies were produced
IN court when the viii was filed for
probate. BY the terms Of the original
viii drawn in 1902, Lucretia Grove was
70 receive $4,000 and one-third in
terest in the estate after the payment
Of all legacies Eta Grove was given
e $4,000 legacy and J. Claude Riley, 4
nephew. was TO receive a one-third
share Of the residue.
The first codicil was dated March %.
1906. and cut Eta Gross of the list of
those 10 receive bequests. The second
codicil, dated April Is, 1905. two days
prior 10 the death Of Hite. gave Mrs.
Lucretia Grove a bequest Of $4,000,
instead OF $4,000. which seriously af-
fected the interests of Riley.
CHARGES UNDUE INFLUENCE.
In the contest fled by Eta Gross, at
tacking the first codicil, il is charged
that IL was executed by undue influ-
ence. exerted by Lucretia Grove and the
others mentioned, who importuned Hite
70 cut out some Of the legaeies that he
had purposed giving. II is alleged
that Hfte was broken down by disease
and intemperance and that Luther E.
Grove, by renting a suite adjoinin g
that occupied by Hite at p McAllister
street. had for the three years prior TO
Hite's death been able 10 exert his in
huence over the old man. Contestant
alleges that from March of the present
year until his death. Mr. Hite's old
friends were refused entrance to the
house where he lived. and IL is indi-
Gated that this was for the purpose OF
urging Hite 70 change his will.
J. Claude Riley makes practically the
same charges against the second codi-
ell, but goes on further to charge that
in 1903 there originated a conspiracy
on the part Of Lucretia Grove and
Others 70 ruin his character by alleging
immoral acts. all of which were related
70 Hite. with view OF injuring Riley
with his uncle.
The will was up in the morning for
probate before Judge Graham. but by
mutual consent the attorneys agreed
that the case should be dropped from
the calendar for the present