Posted by Cathy Gowdy on Sunday, January 22, 2006 at 11:20:47 :
Thursday, January 19, 1939
Relatives of Late Mrs. Regalia Albertus Accept $42,500 Compromise
Monday morning, on the eve of a long drawn out will contest action before a jury, a compromise was effected by the litigants and Superior Judge Anthony Caminetti, of Amador County, admitted the will of the late Mrs. Regalia W. Albertus to probate.
The latter proceeding was handled by Attorney Jordan L. Martinelli, for Public Administrator J. Ray Keaton, thus providing for regular distribution of a estate said to be valued at $250,000.
When Mrs. Albertus, 87 years of age, died here last April, she left a will dated October 8, 1926. She cut off all her relatives, leaving her estate to The Audubon Society of America, with specific amounts of $10,000 to the Tuskeegee Institute; $40,000 to the town of Greifensee, Switzerland. The relatives, both here and in other parts of the United States, immediately filed a contest, in an attempt to break the will.
According to the settlement, made by stipulation of the attorneys concerned, the relatives will now receive $42,500 in cash, the San Rafael home of t he decedent and 160 acres of land in [the] eastern part of Texas. The balance will go to the Audubon Society, with the exception of the $50,000 provided for in the will.
The chief contestants of the will among the relatives was Dr. Hans Walder of San Anselmo, a retired dentist of San Anselmo.
Conferring before the court and jury action was taken were John H. Baker of New York, executive director of the National Audubon Society; Jordan L. Martinelli, Public Administratorís attorney. (Mrs. Albertus named the public administrator as executor of the will). H. J. Kleefisch, James A. Johnstone, and J. B. Zidmers, representing the sister of Mrs. Albertus, and numerous nieces and nephews.
In the conference was also Vincent Compagno, attorney with Chickering and Gregory, representing the Audubon Society, and the Tuskeegee Institute; and John V. Filippini, attorney for the Swiss town, and the Swiss consulate in San Francisco.
It was stipulated that the court enter judgment against the contestants, in order to clear the records, and the jurors were dismissed.
The matter will now proceed in court in the same manner as any will probate case.
Judge Caminetti admitted the will to probate after hearing one witness, Miss Mildred J. Young, of Larkspur, who was a secretary of the late Atty. Jos. Hawkins, who drew the will, with the late Dr. John H. Kuger as a witness with Miss Young.
Mrs. Albertus died April 4 of last year. The contestants claimed in their action that she was incompetent at the time of making the will and had been for 20 years before her death.
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