Show WILL having taken the matter under advisement several beveral days daye probate nent for vi judge barloh today gave his bla decision in regard to the contest case will th the 0 in estate of matthew condon deceased dece aBed in the columns the facts were reported of the NEWS at the recent hearing in the pro 1 lobate bate court the testator w was as about fifty years yean of unmarked un maried and formerly resided in age this city his place of abode being the V valley alley house he bad been engaged ed in mining pursuits and in this and I 1 in n other ways amassed fortune which amounted to a snug somewhere about the whole of this he left to one of his bis sisters a we mw gillip of eureka cutting off his father who is upwards of eighty years of age his brother and another sister without a cent and this without any apparent reason it was on that account on the ground that undue influence had been brought to bear upon the testator by mrs gillis and that he be w was insane at the time the will was executed that these relatives opposed its ad admission minion to probate his honor remarked that this will was contested contented on the ground that undue it il fluence had bad been exercised upon the testator and that he was not of sound mind at the time of making his will he was of opinion however that the proponents had bad made out a strong prima facie ease case the evidence of the attesting witnesses was clear on en all material points covered by the statute it showed that the will vall was written in the presence of the testator at his request and that he dictated a large portion of it also that he assented to the various items contained therein it further appeared that the will wa was first signed by the deceased himself and then by the two attest tog witnesses at his enquest n quest andin and in his presence those witnesses swore that at the time of the execution of the will the testator was of sound mind as much so as an ever he be was that be know knew his relatives and that so far as they could see no undue influence was used As to his condition for some time previous to the making of the tha will it was shown that he had bad been that he drunk drank heavily and was nearly always under the influence of liquor while ahil he resided in this city his sister who lived at eureka was sent gent for and the testimony went to show that from the time she arrived here she endeavored to keep the drink from hex her brother and have him sober finally she took him to her home and it would appear that after his arrival there be received no stimulants except such euch as an were administered by direction of bin bia physician the contestants introduced SOMO some evidence to indicate the extreme feebleness of the testator both in mino mina and body As an to the fact of his drunkenness previous to the making of the will if it were shown that at the time he signed that instrument he waa of sound bound mind or had lucid intervale I 1 no BO that he knew the person whom he intended to be the object of his hie bounty and if he had bad a clear knowledge of his property he cc accald aid still make a valid disposition of it in his opinion the contestants had bad failed to prove that the testator was not of sound bound mind at the time of the execution of the will he had carefully listened liate ned to the testimony in the case and while the will seemed rather unnatural in some respects for it was a great hardship that a son should entirely disinherit his bis aged and decrepit father who was in need of support yet under the law if he desired to do so and if he was eane at the time he signed his will there was nothing to prevent him so far as the evidence went respecting the mans brother as having stood over the dead body and using the epithets he did and that evidence was not contradicted bis honor thought such contact must have been the outpouring of a depraved nature he could not look upon it in any other light As far as the brother was concerned there ore his honors judgment was that the testator exercised the discretion that he had without reserve JIP the dead man seemed to have had confidence in the sister mrs gillis gillie to whom he left all his bis possessions that the she would provide ide for the father and other sister there certainly were some ome things which throw threw some borne suspicion on this matter and his hi own mind was waa not altogether free as aa to influence having baring been used by mrs gillis there was wai however no proof that tha she he actually used undue influence it only became such cuch when the I 1 IL L flu enoe ence was waa carried to such euch an extent that the testator tea himself was waa not him hb own free agent in making hta his will if much a state of affairs did exist la in this ebli case it was wae in evidence and under all the cir therefore he held that the will should be admitted to probate |