Los Angeles herald., 1909-10-19
FIGHT STARTED
FOR THOUSANDS
BALLERlN0 ESTATE WILL BE
CONTESTED FOR
LAWYER CLAIMS TO HAVE LAST
WILL OF "cRIB KING"
Jeanne Uhalt Is Reported to Have
Been Made Chief Legatee-said
to Be on Way from
Australia

After an amicable agreement udu
been reached by attorneys, heirs and
claimants of the Bartolo Ballerino es-
tate hitch occurred in the proceed
ings for the probate of the old crib
kings" will in the superior court yes
terday when E. L. Hutchisons attor-
ney for a new claimant, Jeanne UhaIt'
fiuttered a notice of contest in the
faces of a half dozen other attorneys
and succeeded in obtaining contlnu-
ance of the hearing until next Monday.
At that time, he said, his client will be
on hand prepared to battle for her
rights, which are estimated at many
thousands of dollars.
So confident were the attorneys op-
posed to Hutchison that they would
have easy sailing that the agreement
signed by them individually ana py
the heirs was filed in the recorder OF
flee a half hour before the hearing IN
Judge Rives' court was begun.
Children Are Remembered
This agreement lessons Ballerino s
bequests in several instances; in others
they are increased. Those unchanged
are a bequest to the Convent OF the
Good Shepherd of Los Angeles, $5OOO;
Josie PdllSISOll, PJVOs w lAiltbiAA =
$500. j. NJ Elliott's bequest of $4,000
is cut in half, as is that of G. f:
Conant. who agreed to receive $1,000
instead Of the $4,000 as provided in the
will.
The children of the deceased, who
were cut off by their father with 50
each. are, by the terms Of the agree
ment. given one-twenty-s of the
residue Of the estate, the total value
of which is estimated at about $780,
ono These children are nine in num-
ber. namely, Merced de Cariaga,
Ricardo Ballerino Austin c. Ballerlno,
Mary Ballerino de Olivas, Rachel Bal-
lerino de Fish, Joseph Ballerlno' Phlnp
A. Ballerino, Fred Ballerino and
Adela Ballerino.
The widow. Maria Amparo Baller1no,
receives the same consideration in the
agreement as she did in the WILL
which cut her off entirely from shar-
ing in the estate, but, as deed pear
ing her signature and transferring all
her interests to her chlldreh' accoliI. accom-
panies the agreement, 1t is propap pie
some ARRANGEMENT whereby she Will
benefit from their shares in the prop
erty has been reached.
Attorneys Given Slice
Tn addition to the foregoing arrange
ment the attorneys who prepared the
agreement will receive payment for
their services as follows: Thomas l..
Winder, one-sixth of the residue after
beuuests are paid; H. H. Appel, Henry
T. Gage, w. I. Foley, each one-elght-
eenth; Waldo NJ. York and John M.
York, one-thirtieth.
The first named four attorneys acted
for the contestants, the widow and
children, while the Yorks represented
Della Quien Garrison, who, according
to the will, was given the entire re-
mainder of the estate after the Home
of the Good Shepherd, Patterson
Fletcher, Elliott and Conant bequests
were paid and the nine children re-
ceived their portion of s. EACH
Bv the terms of the agreement, how
ever. Della Quien will receive only
four-ffteenths of the residue OF the
estate after the payment of other pc
quests, or something less than S1O,UUO'
In addition she renounces her right
to appear as administrators of the es-
tate approving with the other bene-
ficiaries the appointment of Thomas
+. Winder and John NJ. York to handle
the property. .,.--
When the hearing on the petition
for the probate of the will was called
by Judge Rives, Attorney Hutchison
interposed an affidavit signed by hlm-
self in which he averred Jeanne UhaIs
was entitled to the greater part OF
the Ballerino estate and that she had
in her possession a will to prove this
assertion. He also filed a notice OF
contest. Miss Uhalt, he said, would
arrive in Los Angeles in a few days
and he requested a continuance for
week.
Later viii Alleged
The argument became heated, former
Governor Gage calling on Hutchison
to produce the alleged will if he had
one and asserting Miss Uhalt's attor-
ney should come into court with clean
hands
1.-THE will is in existence; the orig
inal is in my clients possession, but
have a copy" declared Hutchson
He declined, however, to permit the
attorneys opposing him to examine
the document.
A weeks postponement of the hear
ing was ordered. Miss Uhalt was in
Australia, it is said, when she learned
of Ballerino's death, It is claimed a
will was made by Ballerino in her
favor long prior to his death and it is
added she said at the time she would
never accept any portion of the old
"crib kings" money on account of the
way it was secured.
Ballerino on June 1, 1904, it was
stated yesterday by Attorney Hutch
ison, thought so much Of Miss Uhalt
that he gave her power of attorney
to collect his rents and enter into
business agreements for him.