Estate of O'Brien

The will herein was admitted to probate May 27, 1898, a contest instituted prior to probate having been denied *169 on the same day. That pre-probate contest was by one Mary McGowan, a sister of deceased, and the grounds stated being unsoundness of mind, nonexecution and undue influence.

This post-probate contest was filed October 3, 1898, by one Margaret Durkin, another sister of decedent testator, and is confined to a charge of forgery alleged to have been perpetrated by one James C. O’Brien, a brother of decedent, on the third day of March, 1898, several months after the date of the instrument, which was October 7, 1897, the day of this date being Thursday. The date of the death of decedent was March 3, 1898. It is contended by counsel for contestants that the will was never executed, and that according to the proof it is impossible that it could have been executed on Thursday, October 7, 1897, for the evidence shows that on that day the decedent, M. O’Brien, was at a party given in honor of one Tom Parker at the O’Neill’s place, on Point Lobos avenue, and he did not leave there until “the last car home,” near to 12 o’clock midnight; the ledger of decedent used in his business…