Estate of Byrne

The deceased was a well known member of the Bar of *2 San Francisco, and had held responsible positions under the city government. The deceased and E. Pv. Carpentier (who was also an attorney), had been intimate friends for many years. During his last illness, deceased gave directions to Mr. Carpentier for the drafting of a will; and the will proposed was drawn by him accordingly. None but the two knew of its contents during the life of Mr. Byrne. After some small legacies, Mr. Carpentier was made residuary legatee, the estate being then supposed to be quite large. The witnesses to the will were both physicians, in attendance on the deceased, one was a life - long friend. They saw the will signed, and testified as to the soundness of mind of deceased.

If a • beneficiary draft a will, it is of itself ground for suspicion, and the circumstances of its execution should have close scrutiny. In this case there is no evidence of undue influence. The deceased was in possession of his faculties, and made the will as he desired.

' Will admitted to probate.

After the issuance of letters, a petition of Matilda Heron Byrne was filed, claiming to be the widow of deceased, and asking for a…