Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-09

the sender was unknown 70 hor
rms book with its entries was in
.louuced Tor the purpose of compari-
son TO Identify the handwriting of
lne entries therein with the will in
questlon. For the same purpose nro-
pohent also introduced two letters
purporting to have been written bv
deceased; one to proponent dated
1eptember 80, 1904, and known in
tnls record as defendants exhibit II
anu another purporting to be from
deceased to Clara Young, the wife of
proponents brother, dated August ,
iSOo' and designated as plaintiffs evl
Other facts appear in the oninion
The county court found against tbo
validity Of the proposed will and pro-
pGnent appealed to the circuit court
Mhlcn reversed the decision and ad-
united the instrument in nrohate
from this decree contestants have
appealed to this court.
Mcbride, j.: We are forced IN the
conclusion that the alleged will ;s a
sorgery' torgy And not only that 1t is a
iorgery' but that the letters and ex-
niDlts produced by proponent to sus-
tain It are also forgeries.
IL Is practically conceded. and M
reasonable person can doubt that
Doth the alleged Wills nravionsiv
produced, which purported to convey
tne oulk oil the property of deceased
" proponent, were bold, impudent
!orseries. 1t is fair presumntion
snat they were made in the interest
ana at the instigation of the nerson
VINO was to profit by them. They
were discovered in the possession of
proponent and there is nothing in
tne evidence indicating that she had
any friend so interested in her wei
Iare as to forge wills in her favor
~ Is true that one of them came NOT
ulrectly to her but to her attorney
VINO as an honorable gentleman de-
clineo to act upon it. But II would
De an easy matter for proponent her
sell or some one in her behaIf n
mail 1t to her attorney. The wills
were Tor her benefit. Who but She
could have an interest in fabricatine
.1em' But there is direct and relial
Dle testimony connecting her with
tne fabrication of the first alleqed
VIII In her favor. B. B. Hall Who
was appointed administrator ~
foung's estate, testifies thai he mado
SiMnaustlve in.l search for papers belong
ms naS+ 70 lo9ng and found no will, ex-
Gept the first admitted to probate
ne Kept the papers of deceased al
tne oank in private box that he had
used during his lifetime and was
thoroughly familiar with them and Is
positive that the pretended will was
not among them. "'
IN April, 1906, proponent called
upon him at the bank and asked fo,
permission to look over Young's ma.
pers' This was granted and prono.
nent, IN company with her brother
FRED Young, went with witness into
the private room of the bank and tht
DoX was placed upon the table. nro
+ ponent sitting on one side and wit
ness on the other, with the box be
tween them. While proponent wa,
examining the contents of the box
Fred Young made some inquiry as t
the location of lot in Weston anC
proponent attracted the attention O
witness for moment to plat of tn,
town, which hung on the wall behint
: him. When he turned his attention
to the box again he found the en-
| velope containing the first allege
i will in favor of proponent in the box
= He took it up and proponent said
S "0h, this is what have been looking
t for. 1t is the last will of Uncle jim