PARTNER

OBJECT ID

ddr-densho-493-5

PARENT COLLECTION

Tomio Itabashi and Frances (Itabashi) Nishimura Collection

DESCRIPTION

Decision by Judge Adam Beeler: Lays out the history of the ownership of the land; its occupancy and the history of who had performed labor there; details the relationships of all those involved to the deceased; and history of the suit—in which the sister and niece of the deceased, Emma Morrisey and May Pickett, respectively, filed a petition contesting the will specifically because they claimed that their brother and uncle had been unduly influenced by Buichiro Itabashi at a time of unsound mind, and that "the will is void for the reason that no valid devise can be made to an alien" (referring to Buichiro, who was born in Japan). Summarizes evidence found in the testimony, including character of Faucett, details of the relationship between Faucett and the Itabashi family, and mental state and communicative ability of Faucett in the months leading up to his death from cancer. The judge ultimately rules that there is not sufficient evidence to prove that Faucett was unsound of mind at the time the will was written, that it was produced under undue influence by Itabashi, or that it was not a valid legal document. He also establishes based on the state constitution that an alien can acquire land by devise, concluding that "The life estate to Buichiro Itabashi is valid." Writing on the back of the document in pencil in Japanese.

CONTRIBUTOR

Densho

PREFERRED CITATION

Courtesy of Tomio Itabashi and Frances (Itabashi) Nishimura Collection, Densho

RIGHTS