Los Angeles herald., 1907-05-17
|DELLA DOTTER
WINS HER SUIT
HER MOTHERS WILL REMAINS
UNBR0KEN
judge RIves Hands Down Decision
Declaring Woman In Perfectly
Sound Mind When lnstru-
ment 8 Executed

Following a hard contest of the suit
which her sisters brought against her
Miss Idella Dotter was yesterday de-
clared sole heir to her mothers $loo'-
900 estate Judge Rives, in department
two of the superior court, handed down
the decision.
Romance. quarrels, bitter feeling be-
tween members of the family ana
story of love, all woven togetner'
served to make the case one or the
most interesting in the history Oh the
local courts. ..,,.
Mrs. Elizabeth Dotter, the mother
died last July. When her VIII was
found it was discovered that e Two ,t,, ~
her daughters had been cut Off WIN
S1OO each, while Miss Idella Dotter, the
unmarried one, had received the entire
fortune of 100000, consisting or real
estate in Los Angeles and its SUBURBS.
contest was brought by the other
daughters on the ground that tielI
mother had not been in her right Iilna
at the time of making the VIII ana liau
been unduly Influenced.
During the trial of the case it came
to light that Miss Idella was awaiting
the arrival here of a prominent young
easterner with whom she had carried
on q long distance correspondence ana
who had declared his intentions OF
marrying her if she would have MN:
| He is expected to arrive IN Los Al Al
eeles within a short time and the $lOO,-
nm which Miss Idella will be allowed
to retain might be cozy little sum 10
start housekeeping on.
Text of Decision
Following is the important section OF
the Judges decision in the famous case:
The evidence leaves no doupt put
that Mrs Dotter's mind was perfectly
clear and sound at the time OF 10 6he en-
ecution of this will. She was 4S years
of age. and while she had been sers SUE
before the making of the will the the
evidence fails to show that hat, her mlmd i9ina1
was affected at all by TINS pm. pnyS{lbcatt {bat
Mrs. Dotter was possessed OF a sound
mind and was strong-wliieu, IN
telligent woman. She at az t,theS ,nttoF
of her property, comprehended tully
her duties and relations to her sew
eral children and clearly understood
what disposition she desired to make
The right to dispose of ones prop
erty by will is solemnly assured ny
law and is the most valuable incl
dent to the ownership of properly
and does mot depend upon It's judi
cious use. The beneticiaries of a VIII
are as much entitled to protectlon as
any other class OF property owners;
the courts abdicate their functions
when they permit their preJudlces 10
set aside a will merely upon suspicion
or because it does not conform 10
their idea of what is just and proper:
But l am satisfied that the Will OF
Mrs Dotter was not an unreasonaple
or an unnatural one; it was such
will as the testatrix might have been
expected to make under the clrcum-
stances of this case as disclosed Dy
the evidence. These circumstances;
and the consideration which induced
Mrs. Dotter in the final disposition OF
her estate to make 1della her prin.
cipal devisee and legatee, are set
forth in the will, the second item OF
which reads AS my daughters
have the protection of their husbands,
| and my son George is able to provide
for himself, 1 deem it my duty to
especially provide for the maintenance
and support of my unmarried daugp,
ter, Idella, and I am also Influenced
| to make such special provision for
her from the fact that she has so
many years especially cared for me
and given all her time to render me
such assistance as she could, especi-
ally during the last four. years when
| 1 have been confined to the house by
sickness. And after due consideration
of all matters that | deem proper to
this my last will and testament, !
give, devise and bequeath to each of
my three children. George Potter' '
| oueath all the rest and residue of my
estate wherever the same might be
absolutely and unconditionally,'
Counsel for contestants very siren
uouslv argued that this will was the
result of an nnfounded prejudice of
| the decedent against her son-in-law
Milton Carlson, amounting to a de-
Willie 6iH' counsel e sell for Or prepayment insisted
that the conduct of Mr.. Carlson, both
before and after the death of John
C. Dotter, the husband of decedent,
was sufficient reason, in the absence
of any other consideration. for the
provisions of this will. The court
cannot accept either. of these views;
against Mr.. Carlson. Mrs. Carlson
received by the terms of the will;
to Mrs. Barre, who was the youngest
child against whom no prejudice
whatever existed, as far as the evil
a dutiful, affectionate and self-sacri-
ficing daughter is established by the
evidence; That her M mother Iae. "a tappre53
devotion of her unmarried daughter
was neither unreasonable nor wrong.
and Mrs. GarSe4 iSo tpeI fnG Mrs a8ed B4rFe fo
from their fathers estate, and what
Mrs. Dotter or the other members of
the family did with Ut IT. their i own prop, prop,
by the contestants. 1t appears, how
ever. that all of ldella's share in her
1atner estate was turned lnIO the
general account of Mrs. Dotter and
used by Mrs Dotter as she pleased.
by decedent to Idella both prior and
subsequent to the execution of her
last will were admitted in evidence
and considered for the purpose of
throwing some possible light. upon
the execution of said will, and there
are circumstances under which the
conveyance of valuable property by a
mother to a daughter would be strong
evidence that such person was of weak
if not of unsound mind, but under
the proved in this case it indicated
the fixed determination of Mrs. Dot
ter to give to Idella all of her prop
erty.
She was fearful that through the
influence of Milton Carlson the will
might be contested and set aside. The
conveyances were in harmony with
her intentions as expressed in her
will and indicate desire on her part
to convey while she was alive the
property she wished ldella to have
and thus avoid any danger of a con-
test of the will. Subsequent events
, e,I,O hot a.