The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-07-13
De LAVEAGA WILL
CONTEST IS FILED
Fraud and Duress by Unknown
Persons Are Charged by
Testator's Brother
Dead Sister Described as a
Woman of Weak Mind, Need
ing Constant Care

With allegations against unknown
persons of fraud, duress and undue in
nuence, Miguel de Laveaga yesterday
formally set on foot his contest of the
Will OF his sister Maria Conception de
l.aveaga, who died in Spain early in
the year, leaving an estate worth
$2,OOO,000. De Laveaga's adversary in
the contest is his sister, Mrs. Maria
Josefa Cebrian, wife of a we'll known
civil engineer and lighthouse builder.
fnese two are the sole heirs at law
OF the decedent. In her will she gave
her brother $4,000 and practically all
or the remainder to her sister, Mrs.
Cebrian.
MAY GET MILLION EACH
II De Laveaga succeeds in breaking
the will he and Mrs Cebrian will share
the estate equally, taking approx
mately $1,000,000 each. Both are
wealthy irrespective of what they get
from their sisters estate. Miguel de
Laveaga lives in Contra Costa county.
For many years he managed the es-
tate of his absent sister, which consists
OF choice realty in San Francisco and
other counties worth about $1,000,000,
and securities worth another $1,000, 900.
1t was with sore disappointment he
learned she had left him what he re-
garded as mere pittance of $4,000.
In seeking to invaIidate the will. De
Layeaga asserts that his dead sister
possessed a mind so weak that she was
Incapable Of taking care of herself or
of her property. She was unable to
knowingly understand the ordinary af-
fairs of life" or to understand or
transact business, her brother states.
Miss de Laveaga is further described
as one who was in the constant need
of the care and attention of some other
person, and who was wholly dependent
upon others. Her weak and incom-
petent state of mind is stated to have
existed from the date of her birth In
1856 up to the date of the execution
of the will-February Is. 1893.
VACCINATIONS ALLEGED
The unknown persons referred to in
the contest are accused of having taken
advantage of their knowledge of the
testators state of mind and "by in
fiuence, persuasions and machina tons"
to have caused her to execute the in
strument for the fraudulent and
wicked purpose of causing her to de-
wise and bequeath the greater part
of her estate to her sister, Maria Jo-
sefa Cebrian." These persons COM
pletely dominated her, it is stated, and
she was unable to desist their infiu-
ence, dictation, persuasion and control.
The further accusation is made that
the unnamed persons, through the ex-
ercise of duress and fraud, wickedly
schemed and conspired to cause the
will to be made, and by threats and
the exercise of their pretended compul-
sion fraudulently enticed and induced
the testator to make the will. Miss de
Laveaga was in San Francisco when she
made her will. 1t is entirely in her own
handwriting and is in the Spanish lam
guage.
Pillsbury, Madison & Sutro are the
attorneys for the contestant, while
Timothy ]. Lyons is representing Mrs.
Cebrian.
The petition by Mrs. Cebrian for the
admission of the will to probate came
up before Judge Trout yesterday. The
whole matter, including the contest,
went over for three weeks, when Judge
Coffey, in whose department the es-
tate is, will take up the litigation. A
petition by Timothy ]. Lyons that Mi
guel de Laveaga, as special admins
traitor of the estate, be placed under
$4,000, 900 bonds was also postponed
until the return of Judge Coffey.