WILL OF
JAMES BRYDEN
Marysville Daily Democrat - Wed 5/18/1892, p1 - Will of James Bryden - The Instrument Over Which a Legal Contest Has Been Commenced
In the Superior Court of this county, May 7th, when the will of James Bryden was taken up for consideration prior to admitting it to probate, objection was filed by two of the heirs, Mrs. Parlin and Mrs. Gates. The contestants aver that deceased was not in a condition at the date of executing the will to do so intelligently and as he should have been to devise and impartially dispose of his estate.
The further hearing was continued to a future day, and when it is again taken up, no doubt the facts will all be brought out, and then the Court will determine if the will and its bequeaths are such as they should be, and lawful.
The will of deceased was executed December 1, 1890, in this city, and was witnessed by Wm. G. Murphy and Harold Cornforth, and is as follows:
"I, James Bryden, of lawful age, and sound and deposing mind and memory, at present a resident of Yuba County, State of California, do make, publish, and declare this my last will and testament, and hereby revoke all former wills and Testaments made by me.
First - I give and bequeath unto my eldest daughter, Mrs. Olive M. Parlin, five hundred dollars ($500) to be paid in due course after the settlement of my estate with creditors.
Second - I recognize all my property as community property; and the one-half thereof, as belonging to my wife, Mary J. Bryden, in her own right at my death. The balance of my estate, and all property, estate, in law or equity, possession or expectancy, I hereby will, devise, and bequeath unto my said wife, Mary Jane Bryden. It is my will to give my said wife, Mary Jane Bryden, everything in my estate, except $500 willed herein to my said eldest daughter.
Third - My other six children viz: Katie Bryden, Minnie Bryden, James Bryden, Lillie Bryden, Nina Bryden and Edna Bryden, I commit to their mother's care, having full confidence in her maternal affection and business sense; and it is my will not to give them any part of my estate leaving my said wife to provide for them as she may see fit, in case she survives me. But in case my said wife die before me, then, and in that case, the property herein bequeathed to my said wife and all else belonging to my estate shall be, and hereby is bequeathed unto my said last named six children, share and share alike in equal sum.
Fourth - I direct my executrix to sell any or all of my estate and property real or personal whenever she may see fit, without any order of court.
Fifth - I hereby nominate and appoint my said wife, Mary Jane Bryden, the guardian of my said six minor children.
Sixth - I hereby appoint my said wife, Mary Jane Bryden, my executrix of this last will and testament, without bonds. In witness whereof I have hereunto subscribed my name and set my hand, this first day of December, A.D. 1890. s/James Bryden
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