Estate of Toomes

On the first day of August, 1877, a petition was filed in the Probate Court of the County of Alameda, by certain persons therein named, for the revocation of the probate of the will of Mary Isabella Toomes, deceased, and for the cancellation of letters testamentary granted by said Court, upon such probate, to one John S. Butler. The grounds set forth in said petition are: “ 1st, that said will was a forged instrument; 2nd, that the said Mary Isabella Toomes was not, at the date of said pretended will, of sound disposing mind or memory, nor free from undue influence; but, on the contrary, was of unsound mind, and incompetent, by reason thereof, to make a will; and further, that if said alleged will was ever made by her, she never understood its contents, but was imposed upon and deceived, and that she executed the same under fear, and undue influence; and *511 3rd, that said purported will was never subscribed by said Mary Isabella Toomes herself, in any manner, by mark or otherwise, nor was her name ever subscribed thereto, in any manner, by mark or otherwise, in her presence or by her direction, by any person, nor did any person write his name to said purported will, as an…