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Collection: Newspapers > Nevada City Daily Transcript

January 24, 1894 (4 pages)

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~~ B-“Wells,;EHen—Scates;-A++8.—_Wels; -.neys for James ‘H. Lones. "cause of contest allege as follows: _ tobe secured to him: Executrix of this my last. will and _testaTHE DAILY, TRANSCRIPT Brown & Calkins, Publishers. { WEDNESDAY, JANUARY 24, 1894. ‘CONTESTED. The Will of the Late H. . A._Lones. ; ‘ ) A MULTITUDE OF HEIRS APPEAR a Dissatisfied, and Petition the Superior Court toe Revoke the Probate of Will. The heirs of the late H,. A. Lones have} instituted proceedings in the Superior Court of this county against W. B. Lones, Administrator of the estate of said H. A. Lones, deceased, to revoke the probate of will. The plaintiffs are James H. Lones,’John H. . Lones; Martha Kiiott, James L. Knott, W: Knott, Kate Mullins, Emma Morrow, Rafe W. Knott; Andrew Sharpe, Jennie Lones, Jake Sharpe, Mrs. E: J. Huling, (widow), H. A. Lones, (of Texas), Ellen Maxey, Leonidas Wells, W. B. Wells, Alice Acker, Martha Underwood and — Carmichael, Smith & Riley of Grass Valley are attorThomas S, Ford is attorney for all the other plaintiffs. Frank T. Nilon and P. F, Simonds are the attorneys for the defendant. ~Yesterday we published only a portion of the petition for revocal, which we today produce in fall, as follows: To the Honorable the Superior Court of the county of Nevada, in probate: —In this matter the plaintiffs above ‘ named hereby contest the probate of the alleged last will and testament of H. A. Lones, deceased, after probate thereof, and for Henry A. Lones dicdin Nevada county on the 18th of September, 1893, of which place he was and had been for forty years prior thereto, a resident, leaving estate her ein, Thereafter, on October 3, 1893, William B. Lones filed in this court for probate what purported to be the last will lof the said decedent, in words and figures: as follows: In the name of God, amen. Whereas, eh. ~ has pleased God in His providence to bless }— me witha portion of this world’ 8 goods, aad “life and the certainty et death; therefore Bh Henry A. Lones, being i in “health; “ot “sound: hereby. contest the probate of the said will. mind and memory, do make this my last will and testanient, as follows: 1, I will that all my just debts be paid out-of my estate. “ 2, I give my body to God who gave it, to be buried in a Christian manner, and my coul to him who redeemed it, in hope of a resurrection into a life of happiness at the last day. 3. I give and bequeath unto my. brother William Baker Lones, all my right, title and interest that L,may have in and to my father’s estate at the decease of my beloved mother .tane Lones, relict of Jacob Lones, both real and personal, 4. I bequeath and give unto my brother W.,.B. Lones, as my personal property, @ black girl named Sarah, and her increase, if any she may have, and any or all others that may come into my.hand as my. property, with their increase also, if any there be, to be-his property forever. 5. I give and bequeath unto my. brother W. B. Lones, all of my estate that I may die seized and ‘possessed of here and else~ where, that may be in my hands, or of those in whose hands I may leave it at my decease, for his (W.B. Lones) benefit, so as 6, Having full confidence in the affection, regard and moral integrity. of my beloved mother, Jane Lones, I hereby appoint and conslitute her, without bonds, to be the ment. Given under my hand and seal in the year of our Lord 1856, in the presence of Joun T. MARLeEy, * Jesse F, BunKER. [SEAL ] ‘Henry A, Longs. Endorsed: No. 689. Will of HA. Lones, 1856.. Filed Oct: 8, 1898. / J. J. Greany, Clerk. By J, C. Niton, Deputy. Entered in book of wills No.3, page 24. October 16, 1893, (no contest having been entered) ‘at the time set for hearing of the same, ‘proefs were made in writing before this court in supportof said petition, und updo.said proofs this court, by its order duly made and entered, admitted the said wll to probate and this court further made its certificate of proofs and facts found, under the seal of the court, which was Awarded Highest Honors—World’s Fair. MOST. PERFECT. MADE. A pure Grape Cream of Tartar Powder. Tee from Ammonia, Alum or ary other ecuiterant. cate of proof and facts found,-with the said . . decedent Lones, was his will. tion and belief, that the said pretended will of 1856.is not the last will of H, A. Lones, deceased, but is invalid in this: writing, which expressly revoked all former wills by him made, duly executed and subscribed by the said testator at the end thereof; that said testator declared to said witnesses that said will was his will, and published the same, : and aid Withesses, at his request and in his presence, and in the presence of each other, subscribed the said will as witnesses thereto. destroyed the will of 1885, and the said re'. .the.cancellatiun of the will of 1885 revived . revoked, in this: signed by the Judge, filed with the Clerk and annexed to the will, Thereupon the said William B. Lones was, by the order uf this court duly made and. entered, appointed Admininistratrix’ with the will annexed of the estate of H. A, Lones, deceased. Letters of administhstion.'with ‘the will annexed, signed by the Clerk and under ‘the seal of this court, were théreupon issued to the said William B, Lones, who qualified by filing his bond and oath of office. He thereupon entered upon the discharge of his duties, and the said letters have never ‘been revoked, ‘and the testimony so taken if writing, and the said will, and the certifiletters of administration, all being on file i in in the probate records of this court, are hereby referred to and made a part of thia petition. The said H. A. Lones left surviving him neither issue, wife, father or mother. He left surviving him as heirs at law, cersain collateral kindred who-.are interested inthe subject matter of this preceeding, viz: the plaintiffs ‘m~this action, who are entitled to inherit poPtions of decedent’s estate in case of his intestancy. __ These plaintiffs are surviving kin of sald decedent and related as follows; JohnH. Lores, surviving brother. James H. Lones, surviving brother. Martha Knott, surviving sister. James L. Knott, M. W. Knott, W. Knott, Rufe M. Knott, Kate Mulling and . ‘Knott, a deceased sister of decedent Lones. Andrew Sharpe, Jake Sharpe and Jennie Lones, surviving qhildren of Eliza Sharpe, a deceased sister of decedent Lones. Ellen Maxey, Mrs. E. J. Huling, (widow), HOA. Lones (of Texas), surviving children of Jesse Lones, a deceased brother of tlie decedent Lones. Leonidas Wells, M. B. Wells, Alice ‘Acker, A. B, Wells, Ellen Scaces, A. S. Wells and Asa G, Wells, surviving children of Aan Wells, deceased daughter of Jesse Lones, deceased brother of decedent Lonés. Martha J. Underwood, surviving daughter of Mary McCleary, deceased sister of Carmichael, surviving daughter of Jacob McCleary, deceased, son of Mary McCleary, deceased sister of decedent Lones. The aforesaid W. B. Lones, the defend— ant, is a surviving brother of the decedent Lones, and is named as the sole devisee in the said will, to the exclusion of these plaintiffs, and the said W. 3B. Lones, together with these plaintiffs, comprise the surviving kindred of decedent Lones, entitled to. usherit by law in case of intestancy. Plaintiffs allege that eavh and all of them are non-residents of California. And said plaintiffs in person, and by their under[Signed attorneys, appointed by themselves, Plaintiffs allege ‘on information and belief, that the said alleged will of the decedent Lones, made in 1856, is not the last will, of H. A. Lones, deceased, in this: That said alleged will was not subscribed by, the decedent, H. A. Lones, nor was his name subscribed by any person in his presence and by his direction. That the said purported subscription was not made in the presence of the said alleged attesting witnesses, and was not acknowledged by the said testator to them, to have been made by him, or by his authority. That said testator did not at.any time declare to the said attesting witnesses that said instrument That the said alleged attesting witnesses did not sign their names as witnesses at testator’s request or in his presence. That said signatures are not the signatures of said attesting witnesses, and the said will is null and void. Plaintiffs further allege on their informathis proceeding and recorded by the Clerk . Eva Monon, surviving children of Darthula . upon, liberated by law. ensued the devises n B. Longe, could not acquire title under the will in this Btate, during said time,.for the reason that'he bore arms against the Govg the civil war which mother named as execttrix i in the said will died, All of which was known to decedent, and induced by such change of circum< stances, he revoked said will, at a time, other than that heretofore: set forth, the precise year of which i is ankaown to plaintiffs, And the said decedent never aid revive or republish the said will in the manner Presoribed by, law or afall, Mereover, the nt was not, as the said will ‘purports, ‘Of a pious turn of mind, Ha Wherefore, the premises ‘conaidered, the plaintifis pray judgment as follews:, , That.a citation issue as provided by. law, and that upon issue joined, and trial had judgment may be rendered .revoking the probate of the said will of 1856, and that such order and judgment may be.made concerning costs asin Provided for by law, and is just and proper, 4 Remem Fay This Fact. That if you want watches, diamonds, silver ware, or optical goods, that are what they are represented to be, always reliable, and at the lowest prices, the old established firm of Leutje & Brand is the place to go to, The reputation of this firm is go. well establishéd ‘that everyone knows that. goods bought of this firm can always be -relied a Be upon the safe side then and. buy of ‘Leutje & Brand, . tf No toilet is eémplete without a bottle of Ayer’s Hair Vigor—the. Lest hair-dressing. Ask your druggist for Ayer’s Almanac,’ TAxk' ‘Simmons Liver Regulator. You can eat as much and whatever you please without injury, Deserving Praise. We desire to say to our citizen’s, that for . in anid’ will, Wm, . Francisco Monday for his arrest on charges roment,; pai Mp Ke A imoraneata They charge him. with . _More Warrants for Van Enam. w. W. Van Thiam is not™ yet out of his]. trouble with the Sayage Commercial Com}/ pany, as two wafrants were issued in. San having collected and appropriated te his own use $92.50 and $77. 45. " Literary Notes. Robert Louis Stevenson and Lloyd Osbourne will begin publication MoClure’s Magazine for February of their new novel, “The Ebb Tide.” It ig a tale of. the Seuth Seas abounding in dramatic situations and adventures, and it has been very effectively illustrated i by Alfred Brennan. Some 3, 000 employes of the Chicago ot Railway Company were vaccinated because’ of the smali=pox scarp ig that city. . Or the 8,000 men usually employed by tht Maryland Steel Company. at Sparrows}'’ Point, Baltimore, but t 600 are-now at work. Do nor put off taking & medicine. Nomrilla now, to expel disease, give strength and appetite. , Hoop’s Pitts cure censtipation by restoring the peristaltic action of the alimentary canal, Oe PreJupice and ignorance have given way to Simmons Liver Regulator, the test. Tt hae stood) years we have been selling Dr. Kings New Discovery, for Consumption, Dr. King’s New Life Pills, Bucklen’s Arnica Salve and. Electric Bitters, and have never handled remedies that sell as well, or that have given such universgl satisfaction. We do nut hesitate to guarantee them every time, and we stand ready to refund the purchase price, if satisfactory results do not follow. their use. These remedies have won their popularity purely on their merits. Sold at Oarr Bros, Drug Store. KARL'S CLOVER ROOT, the great Blood Purfier, gives freshness and clearness to the Complexion and cures Constipation. Absolutely Pure. A cream of tartar baking powder,— Highest of all in leavening strength.—Latest United States Government F. Report. Royal Baking Powder Co.,. 5e., 500. Sold by Carr Bros. 106 Wall St., N. Y, saree mann
cee whiwaiee ot \ them .as:being equal if not most celebrated Factories vana Cuba. By giving these Cigars a \. 4erit. In 1885, or thereabouts, the said decedent, NOTICE. sto After the mest persistent exertion I have succeeded in h securing the finest "TTODaCCS raised in the / Island of Cuba. “WAT OOApecker ” Cigars are kers will be. convinced of. theirTirm16 unhesitatingly recommend superior to those of the , of the City of Ea . fair trial the SJrm0) 4 i H. A. Lones, duly executed a will in Said will of 1885 was Thereafter, and prior to the year 1889, as plaintiffs allege on information aud belief, the said decedent revoked; ‘canceled and vocation Was express and unconditienal and without any terms annexed thereto, except at. the time of said revocation said decedent intended executing another will,For that purpose heprocured a printed stationer’s ‘ blank form of will and filled out in writing and signed the same as his will, but neglected to have the same witnessed. Said document was found among the effggts of the decedent and passed to the possession of the defendant, William B, Lones, prior to) the probate of the alleged will in issue, Upon the probate of this contested will it was claimed by the said W. B. Lones that the will of 1856, and the said William B. Lones then and there fraudulently canceled and suppressed as evidence before this court, the aforesaid written declaration of defendant’s intention of executing another will, as evidence tending to show.that the revocation of the will ef 1885. was, aboplate and unconditional. : Plaintiffs further allege upon their information and belief that the said will of 1856 is iuvelid, and. its probate onght, to beIf executed at all by the said decedent, he had no knowledge or remembranco that such an instrument was in existence, . or his death in 1893. During the a that he bad over executed it, at the time of a rea erer eo EMPIRE STABLE, . Broad St., Nevada © City, opp. National xchange JAMES HENSESSY, + Prop’r. bbe 4 =n iro Livery Stable e largest lot of HORSES, CARRIAGES AND BUGGIES } et War To be found in this part of the State. © Teams with elegant Buggies, Wagons and meskes to let at short notice and on yoeneng rms. The horses are free from vice, of good rH and capable of going as ey any gentl cares to drive. 4a2 = eee DR. J. F SHAW, ‘Dentist. Offiee in Odd Fellows Building, Bread Street, NEVADA CITY, CAL. a Fine Plate Work Speciaity. All Kinds of Fittings. "Extracting Skilifully Done, NATIONAL MARKET, Breed 8, Opp. Cleieene! Rank.-; C. J. NAPPZIogR, . se Prop'r. 4 veal sgengitere of ee Veal, dadenges, , Butea, eb years of his: lifetime pepe Tay Zand 1856, his circumstance and 5,4 became so changed as to induce revoke the ssid will’ In 1856 the said B, A. Lones, deceased, wasa slave owner, 4@ YEARS THE STANDARD. =~. in Calif and disposed by he sid lal ane one cheowerp Se Te Oe ee . Rams, Races ge ro ial SI Pn Fe RAGS od bag cos #04 OTT ge 5.25 PI Feet ny eee. AY Bey ? 7 © TIME TABLE NO. 49, Trains will leave and‘ arrive at Nevada City on and after Monday, Mov. 20th, 18908, as follows : } LEAVING FOR COLFAX. 5.00 A [1 10.00 A ins . Dally. , eneetag. vite ing Ba le eed ay at lk 1 P. M. ang wt Daily, except Sunda o co: 0 Weert, Oe land ‘Train from the East and Fare on this train te Valley, 26 9ebt. No baggage checked. CRAVING FOR GRASS VALLEY ONLY 10.00 P TV ait" vite"on “ta train 25 cents. ' ABRIVING FROM CoLrax. -erous little ailinents, if neglected, will soon . . break np-the system. Take Hodd’s SarsapaHoo »d’s Cures Mr. J. A. Wheeler **During the War. T was taken ill with spinal disease and rheuw. matism. When I came home my trouble Was still with me, and I was confined to my . bed, unable to help myself, for 22 months, After taking seven bottles of Hood’s SarsaDariila I was well, have not been troubled wittimy old complaints. My wife was in ill . health, suffering with headache, dizziness Snd dyspepsia. She took two bottles of Hood's Sarsaparilla Mattia 1900 Division 8t, a ently, on ‘the fiver and bowela? Musica Department — OF—— Vinton's ny and Stationery, Store Including VIOLINS BANJOS MANDOLINS GUITARS AOCCORDEONS if t Have Not What-You Want, a Will Quickly Get it for You =. so SHEET MUSIC ORDERED. UNION MARKET, Commercial st., Nevada City. COLLEY. BROS., -Beef, Pork, tton, Veal, Eto,, At the [Owest rates. Ww: ALSO KEEP ON HAND A CHOICE stock ofthe Prop’s. Peeune Public Taste Hams, Bacon and Lard. 7 R. Davis, Teacher of VOCAL AND INSTRUMENTAL MUSIC / ~~~ Also-—/ CHORAL and ORCHESTRAL DIRECTOR. Visita Nevada City, Grass. Valley and other portions of Nevada county weekly for the purpose -of instructing pupils at their own home. For particulars as Nara ot tultion, ete,, apeS he Professor, by letter or personally, at is home in North San Juan, or at the Union Hotel, Nevada City, KEYSTONE MARKET, ‘© Commerelal Street, near Main, GRISSEL BROS., «= Prop’s. ’ BEEF, Foe MUTTON, VEAL, SAUSAGEA, FRESH LARD, SALT MEATS, The Lowest Living Prices ! The Very Best of Meats! Meats delivered to any part of the eity free 0 eharge. 18. B. New York Bakery t) Commercial St., adjoining Transcript ‘Block. @.WM. DURST, “ . BREAD, PIES, ' BTC. WEDDING CAKES AND PASTRY Made to order on short netice and on miost reasonable terms. rghit or orders . oe anything ia my line prompt f4 strict attention to besinens satisfaction and selling at ope te merit a liberal patronage. ~~ the W. E. F. DEAL, 9:00: ATT Brthana® edie Goethe a ht Me entes emtrea-. ATTORNEY :—: AT :—: LAW, a ae an jad Miia leat — 0-45 Pp in. Daily, except Sunday: Rooms 51, 52 and 53 Nevada Block, feaving Sacrament aim eg SAN FRANCISCO. eet iW ‘an! Tone -S5 78 ew ourt ARRIVING FROM Grass VALL 5.17 PIL: Petz, except oundeys . . GEORGE FLETCHER, gDw’D 5.8 N, Superintendent “el SCHMIDT BROS., Pine Street, Nevada City. Leaditig Cigar Dealers. mesa odd 07 —In Stock. General Arthur, . Civil Enginege and Surveyor. . oa Bohemian Club, _ EVERYTHING AT SAN PRANGISOO PRICES 1” \ All Goods Sold at Bottom Strictly Repairing of. Fine Watches and Jewelry ¥ Diamonds, Watches;* Jewelry, SILVERWARE, OPTICAL GOODS, &C ., and Warranted F rrst=Cras$ Ve From the Old and Reliable Firm of Foeeayy A. Goods purchased from us-engraved free of charge. Orders from the eountry’promptly aitended to. Broad Street, above Pine,’ Nevada City. > Fi Pr Luetje & Brand. By patina and Rx lenced Workmen. } 1 ‘web J. BRAID. Before Using Cupidene. HEADACHE, PIMPLES, LOST MANHOOD, =n ee Qe This Vegetable Vitalizer cures all —SUCH As— PAINS IN THE BAOK, TIRED FEELING, SEMINAL WEAKNESS, DESPONDENOY AND CONSTIPATION, cen eae ct SEDEERARAEE iaaaiedds newcece MANHOOD RESTORED C:U:P:ID:E:N:E! After Using Cupidene Nervousness or Diseases of the Generative. Organs, SLEEPLESSNESS, DEBILITY, IMPOTENOY, CURES WHERE EVERYTHING ELSE FAILS, @X@P"The Doctor has discovered the active principle on which the biypeninde of the SEXUAL apparatus is dependent. , : The reason why sufferers are not cured by physiciang and medicines is hanes over 00 per cent, are troubled with PROSTATITIS, for which CUPIDENE is the only. known remedy to cure the complaint without an operation, A written guarantee to refund the money if a permanent cure is not effected by the we of six boxes, Cal. One Dollar a box, six boxes for $5. Send for Circulars and Testimonials. Address all mail orders to DAVOL MEDICINE CO., P. O. Box 2076, San Francisee, For sale in Nevada City by CARR BROS. & a ye ow Patent Double Acting’ Cornish : Plunger. Weight of Machinery Reduced One-Halt. Pumps Twice as Much Water as the 1d Plunger. An Entire New System ° 33 pa ery ee f Wen te Sa. Y Fes 25. on teiaht of machinery reduced l one-half, besides doing awa carrying from 26 to 50 tens of balance, Works with 25 per can ’ abows one-third less. Suitable to any underly or douvarigh’ shaft. to a misimum. and od to vork eotitecter ly in every Gaeran Dia Baya wok 8 Pumping. Occupies less space in the t. y with heavy ‘akinad cent less power. i Uoeietion veHas been tested shout 4: Year ania aldeatias: te\called be this. naw feature in the drsinage of inne and raising water generally, by ts ip Op cnatinsons Ghelvrey of, ° down-stroke only,’ is Baoowwt Rep cpeteecr the Mt ot ms . now in use, ipa pe’ Are pump is too small for the work “incap be teplaaed ty Watt and cblumn anid donblibg the discharge of water, & most owt etal 5 her tarntt room fer se Pom APPLY. TO . WM. NANCE,” Grass Valley; Nevada County, ek