Los Angeles herald., 1907-12-20
JOSEPH MEsMER TO DEMAND AN
INVESTIGATION
MILTON YouNo's CHARGES ARE
DECLARED FALSE
Lawyer In viii Contest Makes SEN
satIonal Statements Which Are
Denied by Executor-Large
sum Involved

er1e estate is entirely inefficacious and
cannot prevent Jacob Heberle from re-
tainine me to represent him in the SUI
prerne court in this case, and propose
10 look out for Heberle's interest In that
court"
This was the statement made in the
probate division of the superior court
Yesterday by Attorney w. ]. Danford In
connection with the estate OF the iate
George Heberle.
Mr. Danford declares baseless charges
have been made against his client, Jo-
seph Mesmer, executor of the estate, ana
saws he proposes to have an investigator
and full light thrown on the whole mat
ter.
charges were made by Milton X. Young.
who represented Jacob Heberle, brotner
Of the deceased, agains. Mr.. Mesmer, ana
affidavits to support Mr. Mesmers side
are being prepared and will be nleu IN
court as soon as possible
Mr.. Mesner declares his only wish has
been to bring about the settlement OF an
estate which has been hanging fre Tor
two years. There are three heirs In Ger
many and four in Ohio, and they are
willing to go to some length in order 70
have matters settled. Some criticism,
Young because he went to Germany, but
he declares the trip was not for the sole
purpose Of consulting the heirs In that
country.
"RidicuIous," Says Mesmer
..It is ridiculous" said Mesmer. ito say
I went for that purpose, when II is
known that my family accompanied me
and that we Travelled extensively through
surope. NY visit to the heirs In that
country was an Incident. and. of course,
talked over the estate with them. |
considered this my duty as executor ana
I wanted to effect the speediest settle
ment possible.
.'As for Mr.. Young's insinuation that /
entered a plan to defraud Jacob Heperle'
IL is false I have always had rrienoly
feeling for Mr.. Young and felt 1t proper
to exert myself in his behalf, but l shall
insist this matter be gone into fully by
the courts and on my complete vindication.
/ have been for forty-seven years a resi-
dent of Los Angeles and challenge any
one to gay anything against my character
"Mr. Young intimates l was instrument
tal In a forgery, which is. of course. false.
have done no more for the Heberle peo-
pie than 1 would like to have done Tor
me IL the circumstances were reversed.
at is a fact that Mr.. Young refused to
fEeIIl6 N-0NN'
Is also true that he offered to settle for
$4,000. and this offer was made before wit
nesses. In order to bring about speedy
settlement of matters l offered to give
him $500 out of my own pocket. II neces-
sary. to be added to the $1,000 which
could pay as executor.
says Signatures Are Genuine
ssMrs. Dickoff. one of the heirs, also
declared the signature of Heberle to the
order dismissing Young was genuine ana
was written in her presence"
The case was before Judge Rives yes
terday upon an effort to substitute w. ].
Danford as attorney for Jacob Heberle in
place of Milton Young. Attorney Young.
in his defense, shows contract with
Jacob Heberle by the terms of which
Young was to receive one-fourth OF all
Heberle should receive from the estate
In excess of $4,000, which sum was left
to Mesmer and another trustee for ia
cob HeberIe by his brother, wealthy
Norwalk citizen.
AS the estate is estimated to be worth
$3.50 OO0 Heberle's share, In the event
that the contest should result in his ia
vor, would be 100000. and after deduct
ing the $4,000 left to Heberle by his
brother Mr.. Young's share. according to
his contention, would be $4,000, or one
fourth OF the balance.
Young, who also says in his affidavit
that the signature of Heberle to the let
ter purporting to dismuss him as attor-
ney is forgery. but this Is Indignantly
denied by both Mesmer and Danford. 1t
is alleged the substitution of attorneys
was made without the knowledge or con-
sent of Jacob Swigart, joint trustee Of
the Heberle estate with Mesmer
Young Makes Affidavit
In his affidavit Attorney Young says:
''That said Joseph Mesmer. claiming to
represent the aforesaid persons, has en-
deavored to get this afhant to abandon
said cause and has offered him the sum
of s2200 on behalf of said devisees and $500
on his own behalf II he would do so,
saying at the same time that he and all
the persons he represented believed that
the said Jacob Heberle was weak-minded
and that his interest could be obtained in
said estate for $1,000, and he assured af-
fant that he would bring to him the
written authorization of said Jacob Heb
erie allowing the settlement of said es-
tate and the dismissal thereof If the said
Young would accept the said sums,
amounting to $780, and quit That af-
fant Informed the said Jacob Mesmer
that If the mental condition OF the said
Jacob Heberle was such as he represent
ed 1t to be he had no business In at
tempting to procure settlement with
him unless a guardian was appointed and
the settlement made under order of court,
and that he, the affiant, would only ac-
cept compensation for his services from
his employer, Jacob Heberle. and not
from persons having an adverse interest;
that If Jacob Heberle was competent, as
he was at the time he made the contract
with affiant and desired to effect the
compromise, that affiant had no objection
20 entering into such reasonable compro-
mise as would meet the wishes of said
Heberle, and provide reasonable COM
pensation for afhant That prior to such
settlement however, he would fully in
vestigate the mental condition Of said
Jacob Heberle."
Makes Fraud Charges
Attorney Young also says that Mesmer
and Eva Dickoff. one Of the heirs. are
"artful and designing persons and are
seeking TO defraud Heberle out of a share
in his brothers estate.
1t IS also declared that Miss Dickoff,
who, by the terms Of the WILL was left
$780, agreed to dismiss her contest, hop
ing to secure a larger amount when the