“Insane Delusion”
The thrust of Francesca Hilton’s contesting of her father’s will, according to her original filing of March 13, 1979, was her theory that because of Conrad’s unwavering devotion to his faith, he began to suffer from the “insane delusion” in 1971 that he was not her father. That was the year the two had their big argument at Casa Encantada. It was after that heated confrontation, according to her theory, that he first asserted he was not her father and suddenly “changed from a caring and loving father to a fear-ridden old man who renounced his only daughter.” Moreover, “As a result of his age, illnesses and cerebral accidents which had impaired him physically and mentally, [Conrad Hilton] on October 31, 1973 [the date of his last will], did not know and comprehend the nature, extent and value of his estate and bequeathed ‘one-tenth of one percent’ of his estate to her, his daughter.”
Today, of course, a simple DNA test could quickly determine whether or not a person is a child’s parent. But back in the late 1970s and early 1980s, DNA testing for the purposes of proving paternity had not yet been pioneered. The process of DNA fingerprinting was not developed until 1984, by Alec Jeffreys, and didn’t become available for paternity testing until 1988. Prior to that time, a blood test—ABO blood typing—could have been used to exclude Conrad Hilton from being Francesca’s father in that all the markings in the blood typing would be inherited characteristics. However, it could not be used to confirm whether or not he was her father. It’s a moot point, anyway. Conrad never asked to be tested, and he never was tested. Myron Harpole says that James E. Bates “had a thick file that he kept for years that was for entirely the purpose of filing a paternity case against Zsa Zsa Gabor where Francesca Hilton was concerned. However, we never did it.”
Obviously Francesca had no inkling as to the evidence that would now be collected by the Hilton estate’s many lawyers to indisputably discount her theory about Conrad’s “insane delusion.” For instance, at the end of 1979, those attorneys presented the hotel mogul’s many previous wills, some of which illustrated quite clearly that Conrad had disowned Francesca—and well before 1971. These long-buried documents turned Francesca’s theory on its head. Now, with her argument—that Conrad’s ambivalence toward her started in 1971—significantly weakened, Francesca had no choice but to amend her complaint. To that end, she then stated that she believed Conrad had actually begun to suffer from an “insane delusion” not in 1971, when she first heard him doubt his paternity of her, but way back in 1947, right after she was born. She said she now believed that he disavowed her at that time because she was born into a marriage (to Zsa Zsa Gabor) he was ashamed of, a union that was not sanctioned by the church.
Francesca Hilton’s depositions would be taken on September 12, 13, and 14, 1979. The principal examination of the first day and a half was conducted by Ralph H. Nutter and the balance by Myron E. Harpole. “As I recall it,” said Myron Harpole, who from the firm Witter and Harpole represented Barron and Eric Hilton, James Bates, and Olive Wakeman, “one of the biggest hurdles faced by Miss Hilton was defining the term ‘insane delusion.’ It was a legal terminology her attorneys had implemented, and one she didn’t seem to fully understand or, at the very least, couldn’t fully explain.”
During her deposition, Francesca testified about the night in August 1971 when she had the argument with her mother that caused her to then flee to Casa Encantada and into her father’s arms. This was the night she asked him for money and shelter. “On previous occasions when he turned down a financial request,” she stated, “he had done so calmly and easily—simply stating, in substance, ‘No, I won’t do that,’ and ‘That’s too much money,’ or words of similar meaning. He had never displayed any anger or ill feeling, but rather had simply turned down my request. However, on this occasion, he became visibly upset, vehemently stated that my support was my mother’s responsibility and made a series of statements, the substance of which was that he didn’t believe he was my father (or wanted me to think he didn’t believe he was my father).”
QUESTION: Besides a request for money, what else did you ask of him?
ANSWER: I inquired of my father whether or not I could temporarily reside with him at his residence in Bel-Air until I could locate another place, and he responded, in substance, there was no room in the house.
QUESTION: You are saying that when he said there was no room in the house, that indicated to you that he was no longer of sound and disposing mind and memory?
ANSWER: Well, I am not a psychiatrist or a doctor, but in view of the fact that I suspect that you have all seen the size of the house, it does seem a little strange since it is quite large.
QUESTION: Had you ever lived with him in that house before?
ANSWER: No. But I can’t say that one line alone made me totally believe that he was not of sound mind.
QUESTION: What else?
ANSWER: The feeling that he gave me was that he possibly felt he wasn’t my father. It was strange. As he indicated [in his follow-up letter to her] this was the first time during our relationship we had ever had any situation that was unpleasant. I believe that I took him a little bit off guard because I don’t think he had ever really seen me upset before. I don’t know whether he said this [about her paternity] because, you know, maybe he just didn’t want to give me the money and that was his way of not giving it to me.
QUESTION: It was an emotional conversation on both sides. Is that right?
ANSWER: Yes.
QUESTION: So, Miss Hilton, did you believe in August of 1971 that Conrad Hilton suffered from an insane delusion that you were not his child?
ANSWER: Well, let’s put it this way: When he said to me that he thought he might not be my father, I didn’t know what to think, really.
The subject of Conrad’s state of mind was then broached. “From time to time over a period of approximately ten years prior to the demise of my father,” Francesca had previously stated in one of her answers to interrogatories, “I had conversations with my mother, the date and place of which I cannot clearly recall, which indicated that my father was no longer of sound mind.”
QUESTION: Can you give us an instance of a conversation you had with your mother during which Conrad Hilton’s state of mind was called into question?
ANSWER: As an example, my mother indicated to me she had on one occasion during 1973 gone to my father’s office and was waiting in the reception area while Olive Wakeman announced her, and my father said, “Zsa Zsa who?” [Note: This incident actually occurred in 1966. However, it’s not unusual in depositions for specific dates to become confused.]
QUESTION: He said “Zsa Zsa who?”
ANSWER: Yes.
QUESTION: So the only conversation you can remember is this one where it refers to “Zsa Zsa who?”
ANSWER: Yes.
The biggest problem with Francesca Hilton’s case was that it seemed—at least based on her answers at her depositions—that her lawyers had not fully prepared her for an intense examination. Said a frustrated Myron Harpole during his day of questioning, “I just want to know how, in her mind, she permitted this contest to be filed with these allegations in it? I want to know what was in her mind.”
In a more organized presentation to counteract Francesca’s theories, one of the first witnesses the estate called was Barron Hilton. Under oath, he testified that the paternity of Francesca had been for decades the subject of concern and speculation for his father and some members of his inner circle, such as his assistant Olive Wakeman. However, he said that the delicate subject was, by Conrad’s insistence, off-limits to him and his brothers. He testified that he, Nicky, and Eric were always encouraged by Conrad to “recognize, accept and love Francesca as our sister.” Not once, said Barron, did he and his father ever discuss whether or not Francesca was actually his biological daughter. Still, there was always “general discussion within the family that Francesca was not the daughter of my father. It was just generally understood that that was
the case.” He testified that “my brother, Nick, for an example,” was someone with whom Barron often discussed the question of Francesca’s parentage, “as well as my wife and my father’s sisters.”
To prove that Conrad Hilton was of sound mind when he filed his final will in 1973, the estate called forth the witnesses to the signing of his will and an assortment of friends and employees who were with him during that time in his life. All would testify that Conrad was in good health, with no physical or psychological infirmity. For instance, he knew the people in the room; no one helped him sign or date the will; he was actively working; and so on. Barron Hilton, Frances Hilton, and Olive Wakeman would corroborate that testimony—all extremely forceful and credible witnesses. “Mr. Hilton always stated that he had no secrets from me, and I don’t know of anything he did not discuss with me,” testified Wakeman.
To rebut it, Francesca Hilton could offer only her and her mother’s opinions that something was “just not right” with Conrad Hilton, that he had slowed down and had shown signs of what they described as possible dementia.
It’s likely that Francesca really did feel that her father was slipping. After the verbal altercation with him at Casa Encantada, she was quite clear, according to Olive Wakeman’s own deposition, that she feared a possible loss of intellectual acuity. There was no other explanation she could come up with as to why Conrad would suddenly disavow her as he had that awful evening. After all, as far as she was concerned, he had always called her his daughter, had always signed his letters to her “Daddy,” and had always acted as if she were his offspring. Something had obviously happened. What was it? The answer to this question was basically the linchpin of her entire case. But—at least based on all of the available evidence—it would appear that the only thing that happened was that Conrad Hilton had completely lost his temper and, in a moment of heated emotion, blurted out something he had been concealing for many years.
Zsa Zsa’s Deposition
It was on June 14, 1979, that Zsa Zsa (Sari) Gabor Belge Hilton Sanders Hutner Cosden Ryan O’Hara was scheduled to give the first of three depositions, at 10 a.m. at the Beverly Hills Hotel, though she didn’t make it to the hotel until well after noon. “Of course, I remember Mrs. O’Hara’s depositions,” said attorney Myron Harpole, using Zsa Zsa’s married name at the time; she was married to Michael O’Hara. “Say what you will about her, one thing was true,” he recalled. “She had charisma and personality like no one I had ever met. She just vibrated with it. You could not take your eyes off her. She was absolutely magnificent. I hadn’t seen her in a few years, but she hadn’t changed at all.” Indeed, at sixty-two, Zsa Zsa was still a real beauty, with charm to spare. “Immediately, she captivated everyone’s attention,” said Myron Harpole.
“You will not believe the time I had getting here!” Zsa Zsa exclaimed as she took her seat at a round table in the middle of the small living room. Holding court, she then told a humorous story about being stuck behind a “Tour of the Stars’ Homes” bus in her Bel-Air neighborhood. Apparently the driver had been commandeering the middle of the road for miles, preventing Zsa Zsa from getting around him. Then finally he stopped and, according to Zsa Zsa, announced to his passengers on his bullhorn, “The great movie star Zsa Zsa Gabor is right behind us!” She exclaimed, “The next thing I know, all of these little Chinese people begin stampeding off the bus and surrounding my Bentley! It is a nightmare. They are putting their pieces of paper in my face, they are asking for autographs, they are taking pictures and they are shouting at me… in Chinese! Why, I barely got out of there alive!” Everyone burst into laughter at her story.
“Zsa Zsa, this is Ralph Nutter,” Myron Harpole told her with a smile. “He also represents the Conrad Hilton estate,” Harpole explained, “and he too will be asking you questions today.”
From her seat, Zsa Zsa took in Nutter, sizing him up from head to toe. He was a middle-aged man with a round face and horn-rimmed glasses, wearing a conservative gray suit, a white shirt, and a black striped tie. A former Los Angeles Superior Court judge and the author of the Los Angeles Superior Court Rules for Writs and Receivers, he’d seen pretty much all there was to see in the judicial system. “We then got to the business at hand,” said Myron Harpole. “Once the pleasantries were over, Zsa Zsa became very serious and focused. This was not child’s play for her. She started by producing Francesca’s birth certificate and baptism certificate. Constance Francesca Hilton was born on March 10, 1947, and it was Zsa Zsa’s immediate testimony that between April and August of 1946, she only saw Conrad one time, and that he telephoned her, as she recalled, ‘a couple of times.’ ”
After talking a bit about her early impressions of Conrad and touching on their marriage, the questioning got serious and Zsa Zsa talked about the night she conceived Francesca, which she said happened in July 1946.
QUESTION: Exactly where was Francesca conceived?
ANSWER: At the Plaza Hotel in New York.
QUESTION: What do you remember of it, Mrs. O’Hara?
ANSWER: This is embarrassing and inappropriate.
After a brief recess during which Zsa Zsa conferred with her attorneys, the deposition continued.
QUESTION: I will repeat the question for the record. What do you remember, Mrs. O’Hara?
ANSWER: I remember that something was wrong with Conrad’s leg at the time. I think it was broken. He had a cast of some kind on it.
QUESTION: So, what happened?
ANSWER: He came in from Los Angeles and said he wanted to see me. I was staying at the Plaza with my parents. And I remember he drove up in a white convertible with red leather interior and he was very happy to see me on the curb waiting for him in front of the hotel. Then, he went one way and I went another. Late that night, he came to my suite and that’s when it happened.
QUESTION: What happened? If you don’t mind, Mrs. O’Hara?
ANSWER: We were intimate. Francesca was conceived.
QUESTION: You said he had a cast on?
ANSWER: Yes. But it did not hinder him to make love to me. This is terribly embarrassing.
QUESTION: Just a few more questions, Mrs. O’Hara. You say it did not hinder him?
ANSWER: He did not take off all of his clothes. Not completely. He could not take off his pants completely because of the cast. Oh, this is terrible.
QUESTION: Go on.
ANSWER: He pulled down his pants as far as he could, and that’s how he did it.
QUESTION: What happened then?
ANSWER: He left.
QUESTION: He did not spend the night?
ANSWER: No. He left.
QUESTION: And then?
ANSWER: Six weeks later, the doctor told me I was pregnant.
QUESTION: So, on or about the 6th day of August, 1946, you knew that you were pregnant, did you not?
ANSWER: That I remember. Most every woman would.
QUESTION: And at the time of the interlocutory divorce hearing on September 17, 1946, you knew you were pregnant, did you not?
ANSWER: Yes, I did.
QUESTION: You did not tell the judge that you were pregnant, did you?
ANSWER: He didn’t ask me.
QUESTION: You did not tell the judge that you wanted equalization payments for the baby?
ANSWER: I was a European person. I was hurt. I didn’t want money. Conrad said, “This is what I give you. Now sign.”
QUESTION: Have you ever made any requests for funds from Conrad Hilton since 1946?
ANSWER: Never.
Zsa Zsa further testified, “I did not have relations with any man other than my husband, Mr. Hilton, anytime in the summer of 1946, or even after, until long after Francesca was born.” She affirmed that Conrad was “very pleased” when she had the baby, and that he assisted in locating and purchasing a home in Manhattan for her because he knew she couldn’t live in a hotel with the baby.
As for Conrad’s relationship with Francesca, Zsa Zsa said, he always treated her like a daughte
r, making it a point to mark the familial events of her life such as birthdays and graduations. She recalled that when Francesca was a little girl, Conrad would take her by the hand and walk her proudly into L’Escoffier—the stylish French restaurant that for years was on the penthouse level of the Beverly Hilton. Father and daughter would then enjoy a private luncheon. She said that he also took her and Francesca to “a very nice lunch” at the Beverly Hills Hotel on the day of Francesca’s confirmation in 1960. He even sometimes invited Francesca to Christmas Mass with him, following which just the two of them would open his presents, she said. Also, “He was obviously pleased when friends and acquaintances would comment upon the family resemblance between himself and Francesca.” She added that Conrad had always made it clear to her that Francesca was her responsibility, not his, and that she was fine with it.
QUESTION: Did Conrad Hilton ever tell you that he believed Francesca was not his?
ANSWER: No. As I said before, I would have killed him.
QUESTION: Is it possible that you don’t remember incidents from the 1940s?
ANSWER: No. The important things I remember.
QUESTION: But do you have any problem recalling incidents that occurred in, say, 1944?
ANSWER: Yes, sometimes. So do you!
Regarding Francesca’s allegation that Conrad suffered from an “insane delusion,” Zsa Zsa testified that while Conrad obviously wasn’t insane, he “wasn’t well since at least ’66 or ’67.” Zsa Zsa was never entirely comfortable about linking the notion of “insane delusion” to Francesca’s case against the estate. Privately, she told one of her associates before her deposition, “Of course, Connie was mad. You have to be mad to do what he did with his life, to take the chances he took, the risks he took, especially during the Depression. The worst thing you can be in this insane world is the only sane person in it. People think I’m crazy, and I hope I am! God help me if I wasn’t; I would never have made it here from Hungary!” Still, for the purposes of her daughter’s case, she would go along with the theory. To that end, she said that Conrad had begun to forget people’s names and that his general memory had begun slipping. She then cited the incident that occurred in 1966 when she went to see Conrad in his office to discuss Francesca and she heard Conrad ask, “Zsa Zsa who?”
The Hiltons: The True Story of an American Dynasty Page 44