The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-22
NEW YORK's MUSICAL COLLEGE,
The Facts In Relation 10 the Codicil TO the
VIII OF samuel Wood.

When Surrogate Calvin called up, yester-
day. the codicil to the will OF the late Samuel
Wood. the instrument by which 1t is supposed
the testator meant to Provide the money for the
founding Of Il musical college for this city three
lawyers appeared to represent conflicting in
terests. Ex-Attorney- General Chatield APP
peared for the trustees as proponents; MIR.
Eldridge for DR.. Elmer one OF the proponents.
and also in the interest OF the musical college.
and Mr.. F.. T. Schenck for the contestants.
". T. Lloyd. +. II. Altman. and All, Decar
swore that they saw the codicil executed on the
goth OF March, 1875. in presence OF Mr.. Simon
son. DR.. Kennedy. DR.. Elmer. and Mr. Eldridge.
md that they signed the same rs witnesses at
the request Of the testator; and furthermore.
the they believed the trstator TO have been of
sane mind and not under any undue influences,
TO that latter point of belief Mr.. Schenck took
exceptions. The hearing was then adjourned
until FRIDAY next.
Alter the adjournment. tho attorneys were in
turn asked concerning the trustworthness Of
professed statement 81 the interests nj stake
and present condition OF the ease, which was
published on Sunday last and all pronounced
Il incorrect and IN several particulars absO-
ACKNOWLEDGEMENT Chatheld said; The
probate OF the codicl was not opposed by Mr.;
Schenck on any technical grounds as alleged
in that statement, but on the ground that Mr..
Wood had not the legal capacity 10 make the
codicil. and was improperly influenced 10y DIR.
WAS inspired by three OF the executors and
that his opposition WAS instituted AT their re-
quest MS the executors have been AZ al times
favorabl" 70 the proof OF tn" codlcll The aver
ment that Mr. Srhrnck said that he would CON
tnue to oppose The ISSUING OF probate until he
Mr.. Schenrk tinterruptingl-Is utterly false
Gen. Chatlield CONFERENCE.-The probate
WAS not postponed 10 give time Tor m amlcabe
settlement. but simply because II was in the or
dinniy business OF the court set down TOR this
day. The statement represents two OF the four
executors old country GputlpmHu. careless
about business matters, plastic, and cOniiding
That means Martin Wood, second cousin to the
tcstator, and Abraham Hewlett. nephew of
samuel Wood, ana only heir at law OF his es.
tate, respectable business mon. and neither Of
them as old as DR.. Elmer, They have taken an
active part in the business thus lar, AS for Mr.;
Alfred smonson, against whom i is at empted
having entlre charge OF his affairs for eight
years, ana Is known 10 he a capable and thor
oughly honest man The other executors. Of
course. allowed MIN TO continue 10 DO the bust
ness OF the estate, undrr direction of three OF
them. the fourth executor Dr. Elmer. is the
gentleman VINO Is seeking To SECURE the benefit
OF the legacy for the College of Music. We con
cede TINT he WAS the author Of that bull-frog
college idea. The idea Of changing the legacy
from the establishment Of hos pltHl to n must
cal college was his scheme. There was no prOpO-
siton made by the Surrogate that DR.. Elmer
should entertain propositions for an ADJUST
ment OF the d nrencrs between tue executors,
nor did he wait IN vain" He was several
times invited 10 meet the other executors.
promised q do so, and never came. The state
Mnrnt that Mr. simonson, in the name OF Messrs.
" huu ni'Wll'li ploIiHt'u llltl MT, ONHtHtk
should be admitted ms one OF the executors. by
consent. allowed 70 draw his $4,000 year MS
long as the trust lasted. and have nothing said
about H., Is, as | am informed. altogether false.
Nr. Schenck llnterruptngl - That is q
proposition that DR., Elmer made himself, in
9rlcr 10 have tho objections TO the codicil with
urawn. l never authorized nor countenanced
aanythlng OF the kind and it is plainly imprac-
armole, from legal 20 mt OF view. for any such
"'fhnsrmeni To be made.
NJ ~ Nnalheld communicative hold thai
MT orhrnrk Is trustee still but not an execu.
hI' quo cannot be made 50 under the codi,il
hhpl thhl Is question TO be settled by the Cont
ane rusterrs and executors under the viii
gre Martin Wood. Alfred l.. Simonson and r. +
eehsnck. To them the whole estate. real an,