The silver state news. [volume] (Winnemucca, Nev.) 1907-1909, 1907-10-24

A contest of considerable import
anc and more than ordinary human in
terest is now being waged in the
second judicial district court under
Judge w. IL. A. Pike. The contest is
over the validity of the last will and
testament of the late Sol Schubener,
formerly q well known resident of
Humboldt county, and for several
years prior to his death merchant of
DEMO and Puebla, in the extreme
northern end of Humboldt county.
Under the terms of the will, the
validity of which is in question, Mrs
Annette Schubener, the widow of the
late Sol Schubener, is named as the
sole beneficiary and the executrix of
the estate. The contestant to the pro-
baton of the estate is Mrs. Pauline
Schubener, of San Francisco, the
mother of the deceased.
The attorneys for Mrs. Annette
Schbener are Warren & Wilson, while
the interests of Mrs Pauline Schu-
bener are represented by VIM. 8. Bon
nifield and E A. Ducker.
Although Sol Schubener died on
November Both, 1905, action looking
toward the settling up of the estate
has been delayed until the present
time
The contest was begun in the dis
trict court yesterday. On the opening
OF the case the attorneys for the con-
testant made motion for continuance
of the trial, and in support of the mo-
tion presented an affidavit by Moses
Schubener, brother of the deceased
Sol Schubener, and engaged with him
In business for time at DEMO and
Puebla. In this affidavit the affiant,
after stating his connection in the
suit, told of the absence of several
witnesses, notably among whom were
Theodore Kytka, the noted handwrit-
ing expert of San Francisco, and Rich
ard La Pere of DEMO. The import
ance of these to the case was shown in
that Theodore Kytka had not only
examined photographs of the will,
but had also examined the original
will, and from his observations claim
ed that the signature annexed to the
document was either fraudulent, or if
made by the deceased was made at a
time when hewas not of sound mind
Richard La Pere, according to the
affidavit, would testify that Sol Schu
bener for some days prior to the sign
ing of the will was thoroughly un-
balanced mentally, and at times raw
ing in delirium. The affidavit also
stated that the reason these witnesses
were not on hand was that advances
had been made by the proponent to
the contest looking toward a settle
ment and that settlement had been
practically agreed upon not week be-
fore the trial; that the attorneys fol
the contestant had received a tele
gram to that effect, and had there
fore failed to make arrangement fol
the attendance of these witnesses un
til 1T was too late. When this affida
Wit was read the court declared re
cess for the preparation of counter
aftdavits by the counsel for the pro
ponents.
This counter affidavit was brought
into court at Z o'clock p. m. Tuesday
and read. Tn it Mrs. Annette Schu
bener was the affiant. All the mater.
ial allegations of the affidavit of Mos.
es Schubener were denied. The i'm.
portance of Richard La Pere to the
trlal was sworn to be of immaterial
moment, it being alleged that he, at
the time of Sol Schubener's death
was in drunken and maudlin condi
tion After the reading of this coun
ter affidavit, the judge permitted coun
sci for each side ten minutes to pre-,
sent argument for and against the
continuance. In support of the con
tinuance Attorney Bonnifield argued
in a convincing manney. He called
attention to the great harm that
would result to Mrs. Pauline Schu
bener's side of the case, were these
important and material witnesses alb
sent. He called attention to the fact
that the affidavit sated that not only
had Theodore Kytka examined photo
graphs of the will but that he had
made an expert examination of the
original, and therefore his testimony
would be of the greatest importance
to the contestant to the validity OF
the will