The San Francisco call., 1909-10-29
VOICE OF DEAD
HEARD IN BIG
WILL CONTEST
Clause in Mothers Last Testa=
ment Urged Children to
Avoid Legal Clash
Many Letters introduced 10
Prove Wealthy Woman Was
of UnSOund Mind

II charge and impIOre my heirs and
executors that they shall do everything
possible 30 avoid lawsuits and all man
ner of judicial proceedings, because
these are preiudIcfaI 10 the tranquility
of families aud ruInOus 10 their inter-
est; but in ease of any unadjustable diff
ference they can submit il TO the decision
of arbitratOrs or friendly adjusters,
who shall name a person of prObity,
love and reliability 10 settle the diff
ferencek."-Portion of the VIII of Mrs.
Dolores de Lavesga. whose two living
children are contesting the viii of
their sister, the late Maria de Laveaga,
in Judge Coney's court
Voices from the grave whispered
around Judge COffey's court yesterday
during the hearing Of the De Laveaga
viii contest, the climax coming in the
reading of the viii of the mother Of
The opposing brother and sister. in
which she specially pleaded with her
children to abstain from taking their
differences into the law courts.
7 charge and implore my heirs and
executors tnat they shall do everything
possible 10 avoid lawsuits and all man
ner Of judicial proceedings" Attorney
F. s Pflisbury for the contestant,
droned out the words amid profound
silence. The contesting parties, Mrs
-,laria Josefa Cebrian and her brother
Miguel de laveaga glanced at each
other hurriedly for one frightened mo-
ment and then turned away their eyes.
The pause was embarra ssing but brief.
in another moment the machinery OF
the law began its ruthless grind. the
brother and sister became once again
contestants in will contest and the
battle OF brains for the millions of
dead sister proceeded along its accus-
toned course.
MRS. CEBRIAN ON STAND
The viii was introduced for the pur-
pose Of showing that the mother con-
sidered Maria Conception de Laveaga
incompetent. Contrary TO all usages the
first witness TO be called by the con-
testant was Mrs. Cebrian, the main
witness for the proponent. Efforts
were made to prove by her and, letters
written by her that her sister was
incompetent and the mothers viii was
part and parcel Of the proceedings. The
particular clause on which the con-
testaat depended read as follows:
Il fervently charge my executors to
care FOR Maria Conception. my young
tSt udAE ilLtIs ds long as Sne lives.
The claim is that, inasmuch as the
dead woman was at that time "a years
OF age, this clause Of the will showed
that the mother realized her daughters
unfortunate condition and charged the
executors-the other children-with
looking after her interests. Had she
been Of normal mentality. it is claimed,
such q clause would not have been
inserted.
MANY LETTERS READ
The greater part of the day was de-
voted TO reading Of letters written by
Mrs. Cebrisn during the years 1896
1904, while the first Laveaga will con-
test was in the courts. The witness, a
gentle faced Spanish woman. white
haired and frightened. stood the ordeal
well. Her innate courtesy never for
sock her She answered the questions
in a low voice, and when the opposing
attorneys would break the monotony
of questioning with a verbal game of
battiedore and shuttlecock. she would
break into ripple of soft laughter
The fight IS being Waged with the
utmost skill and care. Objections are
as numerous as the dollars Of the con-
testing parties. Attorney Peter F.
Dunno. for the defense, met almost
every question with a legal demur, re-
peatedly carrying his points. Despite
his objections, however. the contestant
succeeded in producing as evidence
letters written by the witness their
language tending TO show that Maria
was Incompetent These letters were
written 10 Miguel by Mrs. Cebrian
while the latter was in Europe with
her sister Maria. the claim of the con-
testsnt being that Maria was taken
away from the state so that Anselmo, |
the illegitimate nephew, could not
have her declared incompetent The
question surrounding AnseImo's claim
was whether OF not he was legitimized
by his father. If the courts had held
that he was, then he could have had
Maria. his aunt. declared incompetent.
thereby prevented her from making a
viii and claimed a part of her in
herftapce when she died. Writing OF
this phase, Mrs. Cebrian said:
L try TO delude myself that II is.
small matter which the judges are de-
ciding; If he is a nephew or not. and il
as such he has the right to inherit
from uncle or aunt. This to me Is the
most important, because il they decide
that he can not, It occurs TO me. that all
OF US would be able TO return"
COURTS DECISION
Another letter read: Finally it
seems that the end will be reached this