Daily independent. [volume] (Elko, Nev.) 188?-1915, 1915-01-02
CHARGES MADE THAT WILL
FILED WAS BROUGHT ABOUT
BY MENACE, COERCION
AND FRAUD
ATTORNEYS CAREY VANFLEET
AND JOSEPH M'NAMARA
FILE OPPOSITION
PROBATE

Late this afternoon Attorneys Jos.
Mcnamara and Carey Van Fleet filed
with the county clerk an opposition to
probate of will of Charles Doher-
ty, heretofore filed. In the opposi-
ticn fled today serious charges are
made, and one OF the most sensation
al law suits held in Elko county in
many years may be looked for.
1t is claimed that the will in Ques-
uon was brought about by menace,
coercion and fraud and that physical
force was used to compel the decedcnt
to sign the instrument. Other irregu-
larities of a sensational nature are
also charged.
The estate involved amounts to
about $4,000. In the will Mrs. ].
Eisenberg is named as the eXecutrix,
and it is charged that the instrument
was withheld from her possession and
the custody of the probate court be-
yond the statutory limit
Following is a copy of the opposi-
ton in full as it was filed late this
afternoon:
OPPOSITION TO PROBATE OF
WILL
In the District Court of the Fourth
Judicial District of the State of Ne
vada. in and for the County of Elko.
In The Matter of the Last Will and
Testament of Charles Doherty, De
ceased
Now comes ROWENA HAYS MAR
TIN, and her son Marshal Francis
Martin who say that they are the sole
heirs, leGatees, and devises, of said
deceased and who oppose and contest
the probate of the instrument filed in
this court, purporting to be the last
will of said deceased, and on the
ground of contest, allege:
l. That said defendant was not at
the time of the execution of said in
strument, competent to make will
in this, that at the time of the eXecu-
ton of said instrument he was in
weakened condition, physically and
mentally and was on said date of un-
sound mind and wholly incapacitated
from attending to business or under
standing tpe purport of his acts. and
was in such weakened mental con-
dition that he was unable to under
stand or comprehend business mat
ter, or the purport of his act in dis
posing of his estate by said instru-
ment; that at said time he was suf-
fering from kidney disease and asth-
ma, and by reason of said diseases
he was of unsound mind on said date
and easily open to undue influence.
2. That said decedent on the oath
day of November, 1914, was induced
'' to sign said instrument purporting to
be his last ~ill and testament by the
undue influence of certain persons
whose names are unknown to your Pc
titioners at this time, and that the
making of said instrument by said de-
cedent was wholly induced and
brought about by menace, coercion
and fraud of certain persons whose
names are at this time unknown TO
your petitioner, and that physical
force was used to compel said deced-
ent to sign said instrument.
8. That said instrument was not
attended and executed as a Will In
this; that said deceased did not sign
said instrument in the presence of the
alleged witnesses, nor did he acknowl-
edge to said witnesses that the sig
nature to said instrument was his, or
that Il was made by his authority;
that said decedent was induced to
sign said instrument by undue influ-
ence, fraud, and duress, several days
before said instrument was signed by
the subscribing witnesses, and that
said instrument was never executed
or attested in accordance with the
laws of the State Of Nevada ,and Is
wholly void: that said instrument was
withheld from the custody OF the pro-
bate court, and from the possession
OF the executor mentioned In said VIII
for n period exceeding the time re-
uuired by the statutes Of Nevada, with
in which n purported will must be pro-
duced by the persons in possession
thereof, and that said will remained
in the possession of certain firm OF
attorneys, Klein G. Hale, of the rown
OF Elko, County Of Elko, State OF Ne.
vada, for period exceeding said sta
tutory time, and the said Arm is mon.
toned I'm the will as one of the bene.
ficiaries thereof.
4. That the said Charles Doherty
at the time of his death left an Holo-
graphic Last VIII and Testament,