The San Francisco call., 1910-05-13
BENSONPS ESTATE
WORTH NOTHING
Sister of Second Widow Says
There Is No Need of Filing
Will for Probate
Also Asserts That First Wife
Was Divorced Though Facts
Are to Contrary

Prompted by whatever motives, the
second wife of John Benson, the dead
land grabber, will endeavor to prevent
the fling and publication of his last
will and testament.
The attitude of the woman whom
Benson is accused of having bfgamously
married came to light yesterday in a
statement issued by her through her
sister, in reply to the accuse tions of
the first wife and son of the man who
Tor 20 years fought against imprison-
ment for land frauds
included in the statement there was
also declaration that not only did
Benson possess nothing at the time of
his death, but that the woman in whose
arms he died had thrown her own pri-
Vate fortune of more than $50, 600 into
the fight for his liberty
THERE is NO ESTATE
What Is the use of filing the will?
There is no estate" was the answer
made yesterday to questions concerning
the de ay in bringing to light the con-
tents of the document.
Mrs. Grace Gates Benson remained
secluded at her residence, 1898 Lombard
street, but late in the afternoon her
sister, who has been a constant COM
panlon, discussed the various charges
made by DR.. Ernest A. Benson since
the death of his father.
Mrs. Mary T.. Benson secured a di-
vorce from her husband in the early
seventies, and Mrs. Grace Gates Benson
was his legal wife at the time of his
death. They were married in Marklee-
Vile. Alpine county, in 1903.
"A property settlement was made
with Mrs Mary e. Benson In 1908, when
she received enough to make her COM
Portable. including two residences At
that time she admitted the legality of
my sisters marriage to Benson, and it
seems that this is a late day for them
to revive this fight with its attendant
scandal 1t is not honor but dollars
they are fighting for, and they will be
disappointed, for the estate is absolute
ly worthless
rsven the insurance policies were
hypothecated to raise money for Ben
sons defense, so that he died leaving
nothing. Over and above this, my
sister used her own fortune, inherited
from her former husband, amounting to
more than $4,000, to fight his battle.
She stood by him when all others de-
serted him during the last seven years
and comforted him to the hour of his
death.
Mrs. Grace Gates Benson is per-
fectly satisfied with the terms of the
will, but what is the use of filing the
document? There is no estate"
Attorney Alexander Hynemann, act |
ing for Mrs. Benson. number two, re-
fused yesterday to make the will pub !
lie or to discuss it's contents. The only |
reason he assigned was that his side |
WAS looking for some gentleman
The viii was not even shown to Matt |
1. Sullivan, attorney for Mrs. Mary E.
Benson and her son, but was guarded /
with an air of mystery. That 1T con- |
tained a reference to the alleged di- |
vorce and the marriage of the testator |
to his second wife was admitted, but
the nature of this reference could not
be learned
MASONIC CERTIFICATE
Controverting the statements of Mrs. |
Grace Gates Bensons claims that his |
mother had secured divorce from her |
husband in the early '70s, DR.. Benson |
yesterday displayed certificate issued |
by the Grand Orient at Charleston. S. |
c.. supreme council, mother council of |
the world Of inspectors general, knights |
commander of the house of the temple |
of Solomon, thirty-third degree. An
cient and Accepted Scottish Rite of |
Freema sonry, directing Masons !
throughout the world to safeguard, re- |
spect and in case of necessity assist |
Mary E. Benson. the legal wife of John
der The certificate was issued Feb |
ruary Z, 1884, at the instance of Ben |
son himself. This was at least 10 years
subsequent to the alleged divorce.
Other records were also brought to
light showing that Benson acknow1
edged his first wife until shortly be-
fore his marriage to the former wife of
"Swiftwater Bill" Gates.
Doctor Benson also, through his at
torneys, yesterday protested against
the action of the Crocker national bank
in allowing Heynemann and Mrs Grace
Benson to enter the deposit box and
remove papers of his fathers in the
absence of his representative.
The events of the day, however,
served nothing toward getting the es-
tate to probate, and Public Admins
traitor Nj. J. Hynes continued to act.
With Attorney Sullivan and Doctor
Benson he visited the offices at 636
Market street and removed the letter
files containing large amount of cor
respondence These were taken to
Hynes Office and will be kept there
pending the appointment of an admin
istrator.
The fact that Benson had little was
also indicated yesterday by the know1-
edge that at the time of his death he
owed 13 months rent for the offices
he occupied.