Bar Assn. of San Francisco v. De Vall

STURTEVANT, J.

This is an original proceeding brought in this court .by the Bar Association of San Francisco against the’ accused to obtain a judgment of disbarment. It is the claim of the accusant that the accused should be disbarred under subdivision 5 of section 287

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the Code of Civil Procedure. As sustaining that claim the accusant contends that the accused did advise the altering of a paper purporting to be the will of George A. Holland, deceased. The charges against the accused are pleaded in two counts and no question has been presented as to the sufficiency of the pleadings.

George A. Holland, formerly of Boston, Massachusetts, resided in San Francisco for a period of time prior to December, 1920. About Christmas of that year he died and at least some of his effects were so located that one W. B. Potter had access thereto. Thereafter the said W. B. Potter informed the accused of the facts regarding the death of the decedent and the accused undertook to locate the heirs of the deceased. Later he took such steps that at least some of the heirs were located, and some of the correspondence between the accused and the heirs was introduced in evidénce. The purported will was produced in court and exhibited to the court and an enlarged photographic copy was filed as an exhibit. Three exemplars of the writing of the deceased were produced and filed. The purported will is very short and is in words and figures as follows, to wit:

“The Boston Five Cents Savings Bank,

“Boston,—Mass.

“Nov. 8th 1920

“please notify William J. McCurdy if anything Should happen me I feel as though I haven’t long to stay William McCurdy Emma McCurdy Lillian & Elanor are my cousins. I wish them to have all I leave they are poor industerious people and need all the assistance possible

“Geobge A. Holland “formerly of Boston Mass.”

The words, “The Boston Five Cents Saving Bank, Boston,—Mass. ’ ’ are printed in the upper left-hand comer and

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