Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-22
COURT DENIES PETITION
IN THURSTON WILL CASE
Demurrer of Katherine Ting
ley, Head Of TheosophicaI
Society, Sustained.

SAN DIEGO. Cal. October 22-Judge
W. r. Guy in the superior court yester-
day sustained the demurrer of Katherine
Tingley, head of the Universal Brother
hood and Theosophical Society at Point
Iona, to the contest filed by George l..
Patterson Of Newcastle. Pa, to the will
of his mother, Mrs. Harriet Patterson
Thurston. Mrs. Tingley scored victory
in the first proceedings in the contest OF
the will of Mrs. Thurston. involving an
estate valued at $3JO.O0O of which Mrs
Tingley was named residuary legatee
The petitioner was given fifteen days IN
which to file an. amended complaint.
Fails to Show Good Cause.
ficient cause was shown for the action
brought by Patterson, who alleged undue
influence on the part of Mrs. Tingley over
his mother. Mrs. Thurston was the Wife
of Clark Thurston. a member OF Mrs
Tingley's cabinet, and the mother of Mrs
Julia P Quinn. who, it was enormously
stated in dispatch September no, had
been released by order OF the court from
the custody of Mrs. Tangley. Mrs. Quinn,
1t appears. never was in the custody OF
Mrs. Tingley.
DR.. DORM F. Wood, senior physician al
the Point Iona homestead, testified at the
hearing that according to her mother, Mrs
Quinn for some years prior to her having
been brought to California, had been In
hope of a possible cure that she had
placed her mother under his care.
Mrs. Quinn was declared incompetent
in the superior court in San Diego III
1905 and her mother was appointed as
guardian of her person and estate. A
year later her mother married CLARK
Thurston.
Daughter Under Treatment.
Mrs. Thurston placed her daughter un-
der DR.. Wood a private patient, and
with nurse Mrs. Quinn occupied place
a mile from the Point Iona homestead
purchased by Mrs. Thurston in order to
have her daughter near her. Mrs. Thurs
ton died at Newburyport. Mass. about
three months ago. Mrs. Quinn remained
under the care of DIR. Wood, but was per-
lAitted to occupy the home of her mother
on the grounds Of the homestead. leased
by Mrs. Thurston from Mrs. Tingley.
At the time that Patterson, Mrs
Quinn's brother, filed his contest to the
will of his mother he also brought ha-
beas corpus proceedings to get his sister.
whom he alleged he had not been allowed
to see alone or permitted to take outside
of the homestead grounds.
Judge Lewis. in rendering his decision in
the matter. held that the testimony show.
ed that Mrs. Quinn was being restrained
of her liberty in the sense that she could
not do as she pleased that her mother
her legal guardian, being dead, she had
now no guardian with authority of law tc
restrain her; therefore the restraint she
was under was not legal.
Courts Decision.
The court said: There is nothing in
this case to indicate to me that Dr. Woo
is the person authorized by law to detaiI
Mrs. Quinn. nor the other parties men
toned. If they have any part in it,
No evidence was introduced tending tC
show that Mrs. Tingley had anything t.
do with the alleged restraint of Mrs
Quinn or had restrained her. DR.. Woo
testified that he had used only such pre-
cautionary measures as any reputable
physician would have done in a case
such as that of Mrs. Quinn.