Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-07-29
HEIRS CONTEST
BALLERlNO WILL
SUIT is FILED BY WIDOW AND
CHILDREN
COMPLAINT ASSERTS CRIB KING
WAS INSANE
Legacy of 100000 Left Della Gar
rson Quien Opposed by Family,
Who Say There Was Another
Testament

Was old Bartolo Banerino, "crib
king" of the Los Angeles Tedlight dis
| trict insane when he made his will,
June %, 1907, leaving the bulk OF his
100000 estate to Della Garrison Quien,
his nurse? Was this insanity mani
tested by his belief that he would live
forever? Did Della Garrison Quien poi
son his mind against his family, and
protesting love for the crib owner, in
duce him to make his will in her favor?
| Did he become reconciled to his family
| and make another will, and was this
| destroyed?
All these questions and more will be
| answered should a contest, instituted
by Ballerino's widow and nine children
and filed In the porbate department of
the superior court yesterday, come to
trial. That there is a probability the
| matter may never reach this stage was
persistently rumored yesterday, many
| persons believing a settlement will be
reached out of court and that Della
| Garrison Quien will agree to give up a
large portion of her bequest rather than
endure the expense and publicity of
| long and bitter litigation, with It's at
| tendant noisome details and revelations
/ of that world of which she is said to be
a part.
/ The contest was filed at 10 o'clock
yesterday by Attorneys Thomas L.
| Winder, Horace H. Appel Henry L.
Gage and w. I. Foley, representing the
widow, Maria A. Ballerino, and her
nine children-Ricardo, Austin c., Ade-
| la, Joseph, Philip A. and Fred Balleri-
no, and MERGED de Carriage, Mary de
Olivas ana Rachel de Fish. Attorney
Waldo M. York, who drew up the QUEEN
&c
SELL was present at the time, and after
Judge Rives fixed August 6 as the day
on which the date of the trial will be
set, he entered into an agreement with
the attorneys for the contestants to
place the affairs of the estate in the
hands of Special Administrator Frank
Bryson until the contest is settled.
Assert Man Was Crazy
The allegations in the contest cover
| twenty closely typewriter pages, the
| first allegation being that the VIII
which has become the basis for legal
battle was not signed by witnesses III
Ballerino's presence.
1t is claimed further that a later Will
was made, revoking all former Wills
and If the statements contained in the
| contest papers prove true, these wills
promise to number not one but many.
! Ballerino, say the contestants, was
/
| Ouien will and for a number of years
! had been diseased in mind and body TO
| such an extent that he was under the
! influence of a fixed delusion and insane
| idea that he would live forever, that ne
| had discovered by long, arduous ana
persistent scientific research and exper-
iments a means of prolonglng Ire, ana
that there was no power on earth THAT
could destroy his life, excepting only a
poison kept by members of his family,
who were awaiting an opportune mo
ment to administer it. This bellef, IL Is
alleged, caused his estrangement from
his family. and because he looked upon
his kin ais enemies he desired to cut
them, off from participation in his es-
tate believing he was justified in leaV-
ing his property to others
Accuse Woman of Plot
One of Ballerino's ideas in prolong-
ing life according to his relatives, was
that he must consort with lewd women
and that this association would make
him young, happy and beautliul' 10
gain favor with women he Is alleged 10
have executed a number OF Wits pc
oueathing them large sums, under the
insane belief he would outlive them
and that his property would not leave
his possession.
The next allegation concerns Della
Garrison Quien, Ballerino's nurse ana
main beneficiary and residuary legatee
In the will already filed for PROBATE
The woman, 1t is sald' Wneh sIle
learned of the old mans wealth, pro-
cured an introduction to him and, pro-
Tossing great affection for him, induced
him to live with her. She got MIN I'M
der her control, says the contestants,
To the exclusion of his family repre-
senting they wanted him to die, that
they were trying to poison MIN am
he
loved him.
To further her alleged designs, it is
claimed. she promised to remain I'M
married, to nurse him, to teach MN
music and that the will should not
take effect until Ballerino had lived
$50 years at least.
Then, it is claimed, she abandoned
her care of the old crib master, con-
cealed the will and broke her promise
not to marry by wedding Quien.
Ordered viii Destroyed
The story told in the contest papers
relates that Ballerino demanded a re-
turn of the document, but the woman
refused unless she was paid large
sum of money, agreeing if this was
done she would waive all claims to the
estate Ballerino was forced to agree
to the proposition. it is said, the money
being paid to the woman While she ana
the old man were out driving.
A few moments later, however, the
contestants say, she regained possess
sion of the document and placed it in
the custody of ]. A. Donnell, deputy
district attorney, who few days lat
err turned it over to Ballerino on re-
quest of the Quien woman. Ballerino
directed that the will be destroyed,
but 1t is claimed, while his former
nurse led him to believe this was done,
the instrument was in reality again
taken by her and later concealed
among papers in his safe with the in
tention of presenting it for probate
after his death.
on July ~, the day following Bal
lerino's death, the will was secured by
Sheriff Hammel on an attachment suit
brought by Waldo M. York, attorney
for the woman, the safe, located In
Ballerino's room in what Is known as
Ballerino court, being broken open for
that purpose.
The only person interested in the es-
tate present in court yesterday other
than the attorneys was Della Quien.
should the contest come to trial it is
expected she will use as basis for her
opposition the sworn statement of four
we'll known physicians attached to the
will made in her favor that Banerino
was mentally sound at the time he af-