The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-01

+, Walker, deceased.
In California Court.
Plaintiff further alleges that on or
about tho 10th day of September. a. D..
1910. there was filed In the superior court
| OF the county OF San Matco. at Redwood
City (Which said county was the resi-
dence OF said David r. Walker at the
time OF his decease), q paper purporting
| to be the last will and testament OF said
| David f. Walker, deceased, dated the
and whereby the said David f. Walker
| purported To give. devise and bequeat tn
unto the said defendant. Althea Walker
| all the property OF which H., should die
possessed OF whatsoever kind and nature
| and wherever situated. Also in and by
| SAID Instrument he nominated and APP
pointed ms executriX the said defendant.
| Althea Walker, and expressly directed
| thai no bond should be required from her
for her performance OF said trust. That
In conjunction with the hling of said al
legged Will and in pursuance OF the aiore-
said wrongful and unlawful design and
purpose, and to enable. the said defendant.
Aithea Walker. to remove, conceal and
secrete the properly and assets OF the said
David +. Walker. deceased. or the greater
portion thereof the said defendant. Althca
walker. renounced said trust imposed
upon her by said alleged VIII as eXecutriX
and declined and refused TO be appointed,
or TO act, as such. and has kept and
remained without the Jurisdiction OF said
superior court or subject TO the order and
SoHllol OF SIld court. or 10 any lnEcStl-
CATION by said court in reference 10 the
property of said estate of David +. Walk
er, deceased. That said defendant. Althea
Walker is now in the city and county OF
Salt Lake and state Of Utah, and in pur-
Suance OF her aforesaid wrongful and
unlawful design and purpose of cheating
and defraudlng this plaintiff and her said
brothers and sisters and children of plain
tlh deceased sister out of their just
and proper share and proportion OF the
estate OF said David +. Walker deceased,
y 4
Lake City and go TO the state of Wash-
inston, or elsewhere unknown 10 plain
tiff,
Last Will of Walker,
Plaintiff further alleges that in and
by said purported last viii and testa-
ment OF said David f, Walker. deceased.
filed as aforesaid. there is an entire omis-
sion TO provide for any OF his children
aforesaid, or for the aforesaid Issue OF
his deceased child, and that there is moth
such omission was Intentional upon the
part OF said David L. Walker deceased. |
That In fact ~ was not the Intention OF
David F. Walker, deceased, 10 omit 10 |
provide in his will FOR this plaintiff and
for her said brothers and sisters. and |
for the said issue OF plaintiffs deceased |
sister. That said will was made and exc
cuted in the state of California. where |
the said David F. Walker resided. That |
by the laws of the state OF California, |
then and nov in force IT is provided by |
MIA as follows
Children or issue of children OF tes-
tator unprovided for by his will Go sue
ceed) When any testator omits 10 pro-
vide in his will CD for any of his chill |
dren, or CD for the issue of any deceased |
child. unless IL appears that such omis
sion was Intentional such child. or the
issue OF such child, has the same share I,
in the estate of the testator as If he had
died intestate, and succeeds thereto as
provided In the preceding section. But
such succession does not impair or af-
feet the validity OF any sale of property
made by authority OF such will in accord
ance with the provisions OF section 1861
Of the code Of civil procedure
That by repeated decisions OF the high
est court of the state OF California, said
section has been construed that the ques-
tion OF the intention 10 omit must be de-
upon the face OF the will and not
otherwise. That a copy Of said purported
viii is hereto attached. marked Exhibit
A and made part hereof.
Effect of Document.
Plaintiff further shows that as she Is
advised. and upon information and be-
lief alleges, -that said alleged will does
not deprive her and her said brothers
and sisters and said children OF her de-
ceased sister from participating in the
estate of said David f. Walker, deceased
but that the omission 10 therein provide
Tor said persons entities them and each
of them to share in said estate under
the laws OF California. the same as Ii
he had died intestate, and as hereinbefore
alleged, and that the said David i.
'act so to be when said alleged Will was
made and executed.
Plaintiff further alleges that no admin
s,rstor with said alleged win annexed
>r any administrator. has yet been ap-
pointed by said superior court of the
state OF California, and if appointed
would be unable TO obtain and reduce
10 his possession the greater portion.
lglIt GT oil bn &c
and estate OF said David f. Walker de-
leased. by reason of the facts hereinbe-
ore alleged That II the said defendants
De permitted 10 keep and retain the said
is II is hereinbefore alleged they pur-
bose doing. all of the children of said
David +. Walker by his first wife. Enc
inc Walker deceased and the children
If their deceased child, Will not receive
my part or portion of the estate OF said
David +. Walker, deceased, amounting
IS aforesaid To more than one million
i've hundred thousand dollars. as this
plaintiff is informed and believes. but.
N the contrary. said defendants II per-
nitted 10 carry out their aforesaid de
'ign and purpose. VIII get away with
md receive the whole of said estate
Plaintiff further alleges that unless re-
trained by this honorable court said de-
endants will unlawfully and fraudulent
y dispose OF the property of said estate.
issipate and waste the same. and con-
'ert the same to their own use and will
lace themselves and the said assets be-
'ond the reach of the jurisdiction OF this |
ourt, 10 the great and lrrepa ra BILE in |
ury OF this plaintiff and the other re-
naming heirs al law OF said David F.
Walker deceased, other than the defend
nts herein.
Sequestration Feared.
Plaintiff further alleges that unless the
property and assets OF said estate which
onsist principally OF money and nego-
liable securities. bonds. stocks etc
which the said defendants have con-
called and the where's bouts OF which Is
Unknown and cannot be ascertalned
Without full and complete discovery
e made by the said defendants and each
Il them in respect thereto. are seques-
cred and taken Into the possession OF
nd under the control OF this court oy
r through receiver 10 be appointed by
his court. or otherwise. as this court
nay direct, to the end that the same
nay be administered upon in due course
y a court OF competent Jurisdiction for
hat purpose. and the rights OF all the
eirs at law OF said David f. Walker
eceased. In and TO the same may be
> 81 nj. I1,ge