The Washington herald., 1908-03-16
SECOND COTTON WILL
Former Testament Rescued
from Frisco Earthquake.
TO BE PRODUCED At THE TRIAL
Antedates Contested WfII-YaIue in
Proving that TestatOr, When Ae-
Mind as when Last VIII Was
Drawn-senEatIOns Looked For.

A distinctly new element has entered
the litigation over the estate left by Mrs.
Ellen NJ. Cotton. widow Of Gen. David D.
Cotton. Of California.
A new will has been produced. ante
dating the viii now being contested and
under dispute for nearly eight months.
The fact that this viii was in existence
was not known until Friday. Attorneys
Douglass and Syme, representing Mrs.
Dahlgren. Mrs. Colson's daughter. at that
time brought the fact TO the attention OF
Justice Barnard in connection with an
appeal taken from his decision.
The contested viii. the validity OF which
is assaiIed by Siegfried Sacher. who re-
sides in Paris. upon behalf Of his daugh-
ter, Helen Sacher, a great-granddaughter
of Mrs Cotton. is dated December >. 1904
The newly discovered will is dated some
time in April, 1904.
Saved from Earthquake
1t was recently unearthed in san Fran
cisco. 1t was in a safe-deposit box in a
trust company which had quarters in a
building destroyed at the time Of the
earthquake So charred is IL that II viii
be necessary TO have experts decipher it
In its present charred state il Is stated,
it is folded as when placed in the box.
The title on the outside is plainly de-
cipherable. 1t is conjectural as to the
condition OF the face of the will
The document is now in a safe-deposit
box in San Francisco. Justice Barnard
has been Informed. and at the proper time
II VIII be produced for examination. The
witnesses who signed the viii. including
a State senator. are all living and viii be
called TO this city to testify.
Terms of Contested VIII.
The will which is being contested de-
vises TO Mrs. Theodosia Grace, a grand
daughter. Mrs. Colton's home place In
Santa Cruz, valued at about 5000. Mrs.
Grace, who married a son of ex-Mayor
Grace. of New York, had been provided
for by her grandmother previous 10 her
death
The sum of $1,000 is bequeathed to Helen
Sacher, with the statement that her
grandmother and her mother had been
amply provided for by the testatrix, their
mother and grandmother. respectively.
The remainder of the estate is devised
TO Mrs. Katherine Martin Dahlgren and
her daughter by previous husband. Miss
Catherine Martin-the residuary legatee-
under such terms that Miss Martin vir-
tually receives one-half and her mother
one-half
Under these circumstances, while the
papers in the contest make Mrs Dahl
gren defendant, yet even If the will is
broken she would receive practically the
same as she receives now. one-half. the
other half going to the little Partisan girl.
and Miss Martin being the only loser.
Undue Influence Charged.
In his caveat to the WILL Mr. Sacher
alleges that Mrs. Cotton was subjected
to the undue influence of her daughter.
Mrs. Dahlgren. and to Walter ]. Bart
nett, the executor named when she made
the will, and that she was not of sound
or disposing mind.
In the proceedings recently had on the
matter, in connection with Justice Bar
nard's decision framing an issue as TO
whether Mrs. Cotton died intestate. the
claim was made that about the time
Mrs Cotton made the will she was Ill
and suffering from fever.
1t is said the terms of the newly dis
covered will are identical with the one
which is contested, with the exception
that no mention Whatever is made of
Helen Sacher
1t is thought that Mrs Martins attor-
neys VIII lay great stress upon this as
showing that at a time when there was
40 question as to Mrs. Coltons condition