The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-22
ALLEGES COERCION
IN MAKING WILL
Anna FitzsimmOnS Enters Con-
test for Portion of Estate
Of Peter Fitzpatrick
R. h. COuntryman Says Charges
Are Made TO Injure Him as
MayOraIty Candidate

Charges that Attorney r. H. Country
man. who is a candidate for the repub-
ucation nomination for mayor, entered
into a conspiracy with Robert Day. a
former supervisor. Thomas H. Clough-
ley and others 10 coerce Peter Fitz-
patrick who died August IS. 1908, at
the &c Of s.. into making a viii leav-
ing the greater part OF mis- $1,000 es-
state 10 Day, were made yesterday
by Ann FitZsfmmons in contest
70 the viii. COuntryman wrote the
viii six Gays before Fitzpatrick died,
and il was signed Immediately after
ward. The tsstator left 81 geo TO the
Masonic board OF reilef Of san Fran
cisco. $4,000 TO Catherine 4. ClOugh-
Iey. wife Of Thomas II. ClougIey; 5000
10 John Bates. and everything else 10
John Day
CONTESTANT A COUSIN
Ann Fitzsimmons. the contestant. is a
cousin OF Fitzpa trick and lives in Ire
land She is a widow, about so years
old. and IS represented by Attorney H.
NJ Owens. In the contest. which takes
the form OF a petition for revocation
u probate Of the viii. she asserts that
FOR six months before he died Fitz-
patrick was mentally incompetent and
Ter q his estate. and that he was in
competent 10 make a viii. She alleges
that Thomas and Catherine Cloughley.
al whose home. 1888 Eddy street, the
testator lived, John Bates and Robert
Day. conspired TO get control OF the old
man. july IS, 1908. Fitzpatrick. being
weak IN mind. applied for admission TO
the almshouse and was admitted.
Mrs. Cloughley IS accused OF having
falsely represented herself 10 be his
niece. and August Il. 1908, she was al
lowed 10 take him away 10 her home.
He was confined in his bed until his
death, IL Is stated. and was wholly par
slyzed on his left side. The four per-
sons mentioned had constant surveil-
lance over him. and refused TO allow
any one else 10 see him, except in the
presence Of one or the other OF them.
Mrs FitzsimmOns charges
COUNTRTNAN DRAWS WILL
Countryman was brought into the af-
fair August 20. 1908. according TO the
petition. He went to the house and
joined with the other four in counsel
ing. importuning and advising Fitz-
patrick 20 make such a win as they
wanted. il is alleged. He is alleged 10
have used coercion along with the 9TH
erE. All FIVE are stated 10 have taken
gross. oppressive and unfair advan-
tage OF the decedents necessities and
distress"
COuntryman says TIE charges are
brought simply in order TO damage him
IS maEoraIty candidate I did not
know Day except by reputation until ]
met him in the house OF Cloughley.
where Fitzpatrick was living. the day
Z drew Up the viii" said Countryman
yesterday. 4 had never heard of the
Cloughleys. before that day. Fitzpat-
rick. the decedent, I had known Is
years when I was master Of Masonic
lodge. but had not seen him in the IN
terva1- DR.. J. Green examined Fitzpat-
rick 10 his mentality, and reported
him 10 be in sound mind. The old man
told me he came from Ireland so
years ago. and had no relatives alive.
He instructed me as to the terms OF the
viii. and I so drew Il up. There is
nothing for me in the matter one way
or the other except about 800 as ex-
ecutor's fees"