New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-05
THE WOOD WILL CONTEST.
OPPOSING THE MUSICAL COLLEGE PLAN.


| A TEMPORARY INJUNCTION BY JUDGE DoNoHUE-
GROUNDS OF SAMUEL A. WOODS CoNTEsi-A
CASE WITH OVER ONE HUNDRED DEFENDANTS.
| Many persons gathered in the Surrogates
Court Yesterday listen 10 the proceedings OF the co
test over the will OF Samuel Wood, who died feeculIy
and left in codoil TO his WILL the bulk OF his fortune
10 found Musical College. Among those present were
| Dr. william Elmer Abraham Hewlett, Alfred L. Simon
| son asd Martin Wood. the executors named by tue
| codic Edward 7. schenck, counsel for Samuel WOOD
for ten years who was named a trustee under INC
original will was also attendance, prepared 10 con-
test the codlcil Abram wakeman represented the
plaintT Samuel A. Wood, and Levi g. Chatheid ana
william Fullerton appeared for the executors
| Mr. Wakeman asked for postponement. lie hau re-
ceived from Judge Donohue IL tic morning an 0rder 10
show cause with temporary Injunction. lie ra' ''o
order which stated that the executors and trustees men
TONED In the cOmpaint-Edwatd l. scheiick' AuIeu L.
simonson and Martin Wood, named as executors ""u
trustees under the will dated J1ly II. 1877 ana Aofa
ham Hewlett, william Elmer Alfred L. simonscn ana
Martin Wood named IA executors in the eodicil-ahn
other defendants must show cause, ut the speci i'ru
OF the Supreme Court April 10, why they sEoula huV
be restrained from any further proceedings 10 en'ce INC
probat, of the VIII and codcil; also why receiver
with the powers OF collector should not be appohteo
by the Court to take charge of the estate during the
pendencv OF the action Until then all proceedings
before the surrogate must be suspended.
Mr. ChatHcld SAID he did not tee bow supreme Court
Judce had the rower 10 restrain the Surrogate from any
statutory duty Tie Surrogate replied that Judge Dono
hue had not done so. He simply restrained the couhsei
from beginning proceedings tThe couiSei h"o d"
annI,cation TO make would be heard but the counsei
would be liable for contempt OF court. MI. Cha'neu
snid that the property OF the decedent was very rRc
and consisted much real estate. The eXences Oh tue
estate reouircd constant supervision and would suffer
materially II collector receiver were not appon'eu'
He thought grounds for the contest were not OF sur
hcent importance subject the estate TO any loss the
surrogate said that was for Judge Donohue TO
settle.
finally arranged between tho counsel ,nat INC
present agent, Alfred L. Simonso VINO Tor many years
attended 10 Mr. Woods affairs. should have the power 70
lease the property Tho case was then adjourned
The complaint of Samuel A. Wood, which was served
upon the o'p9S LAYERS rSGaays The Sene@on
whose are sGe1 los o I%se roSyes Of the DO
cedcnt. 1t sets lorin that in 1868, David AVA
MOOD bequoathed large estate to mt .,, tMS
divided The two brothers advanced IN years ana
were bachelors. Being without near relatives, lney
which, after small bequcss, each should give ms
undivided half TO the survivor o. either UPON tne
should become the property OF their cousin. Samuel ~
Wood, who WAS then In their euployment On August
a codicii on December TO- 1858. changing some minor
deails but not affecting the disposition OIL ms 'o -
indeed confirming IL, and leaving II In full force rive
days later he died in BROOKLYN. Samuel Wood, win
the plaintiff and Martin Wood, The executor nlu ,ne
Wood then took possession of tine osta. by virtue 0f
the will, and held It until his death, March 20 lsLs.
After the probate OF the viii, the complaint says lie
became greatly changed IN the disposition ana hn'cl"l
which he entertained for the piantn The complaint
alleges that he passed under Tue ihlnence OF Ptif
who melted HIM 10 endcayor 70 violate the agTeteht
with his brother He then oudcavored To annu MS own
WILL executed mutual ami reciprocal TO that OF hs
brother Ic executed four five different Wills under
various influence II the Will made WITH Ills buteT
had not been mutual and iTevOcablc. In one OF the
wills which offered for probate IT is attempted TO
devise the share and interest Of samuel Wood to the
trustees. with interest. aud with directions I" estaO
lsh institution called The Samuel Wood IeneNoeht
Institute" In the COdiC the same share IL given 10 me
executors 10 found The Samuel Wood Musical Col
lego" In this the joint estate provided for IN tue
mutual will Of August 4, 1866, Is devoted 10 purposes
/ not contemplated In the mutual agreement .
The complaint further alleges that after the death OF
his brother and a the time OF the Attempted chncca-
ton Of the mutual WILL ana the execution OF me pre-
tended wills and especially a the execution OF tho VIII
pronounced for probate, Samuel Wood was OF unsouhd
mind and incapabc Of making viii. lie entertained
gard the plaintiff which enabled some OF the trustees
| or executors to influence him unduiy. The Musical
College the faucyIOf tie defendant william Liner
Tire plaintiff IA the owner OF Abraham Woods In
teres In the JOINT estate md Is In possession oi H. ~
ami deyisee Of the mutual VIII Ofslmuel Wool
he claims the undivided estate The VIII OF Samuel
Wood executed August !. 1886, IN IN possession OF
the executors and, II Is allie ged liable 10 be destroyed
| by them. . -,
The objections TO the probate oi the codcil 20 the will
filed by Edward T. Scenck rece that Is not tho cod
icl OF Samuel his last VIII that at the time
lie eodIci was drawn he wan unsOund mind aud in
capable OF making "a teStInenfary disposition OF h,s
affairs that he did declare the paper TO be his cod
vention and influence; that wac not voluntarily
eKecutod that IL II wholly vid ana OF no icghl ennc
Hy the will the contestant IL appointed an executor
| and trustee Of the - Samuel Wood Institute"
Edward T. Scheuck also fcd objections to the contest
of the Will by Samuel A. Wood on the ground that nc mas
no interest IN estate Of Samuel Wood II thought
that many of the relatives. who would be beneAied BY
the hospital mentioned IN the original VIII, VIII join WIN
| Mr.. Seleuck in contcstiug the cOdlcil.
|