New-York tribune., 1880-02-15
FRANK LESLIES WILL Contested
OPENING OF THE PROCEEDINGS.


The first hearing in the contest of the will
Of the late Frank Leslie. the publisher. had before
Surrogate Calvin yesterday afternoon The contestants
are the two sons Alfred ard Henry. who calls him
self Frank" and tue daughter Of the deceased son.
Scipo. of whom receive anything under the will
Mrs Frank Leslie, who Is the sole lcgatee. was present
with a friend. ExJudgo Fullerton appeared as ner
counsel. The wife fIom whom the decedent was
divorced before his marriage to the widow accompanied
the sons who are contcst!ug John Towushcnd
sci for Alfred and Curtis q Neville and j. r. ONeii for
the other contestants.
The only witnesses yesterday the subscribing
witnesses to the will. Edward n. Dckcrson testified
that he was a lawyer of the city. iftyslx years
old. lie had known Franz Leslie fifteen years. lie
acted as his counsel for time before his
DEATH and was his personal friend for
many years. On December 81, 1879. lie prepared the
will al Mr. Leslies request aud was witness 10 IT, lie
was accustomed 10 visit very frequently at Mr. Lcslc's
house Fftl-lvc., and on the daY named MIR Lcrlc,
who at that time prostr;cd by disease, asked him
II had safely Kept the Will H. hac made previously
lie said that he wanted another will drawn when
shonld dispose OF his property substantially the other
ne did The witness went 10 his Office, drew tic VIII.
and taking his clerk, Evans with HIM for n witness.
went back Mr. Leslie's house. where the will was
properly executed.
During TIC conversation over the will MI Leslie Spok"
OF Bis and his relations 10 them. At that mo
he was engaged IN a lawsuit with Henry. who had
eumed his fathers name, afxms ir.." and was using
tlis name at the head Of rival publications. Alfred
also eng god upon ryd publications. Mr. Leslie said
conduct OF M had brought him TO the con-
dtion which he ihen They had deecrted him IN
TIN of trouble nc sad Tney had been hostile 10 him.
although he had always treated them with great KIND
ness lie asked whether h wOuli be necessary to
ton The SONS 10 the VIII and tell why he dlsDheried
them.
NJ. Fulerton-In what terms did he speak Of his
wifei
NJ Dickerson-Onc OF the most solemn conversations
| ever nad with Nj. Leslie about ten days before
he died after he had been told that his end
when 1 went he asked me 10 sit down. and smiled
checrul!y ~ he took my hand lie said that he had
been toll that must die IN few days and although
I told aim we hoped he would recover, hc said he
lu,yy that ms time was short then added: " want
10 say something 10 you about my wife. she
has been sandcrcd aud injured by reports crcu atcd
cbou her conduct before she married To mo want
YOU Whenever you hear them To deny them and to say
that said there truth III them She made great
sacrifice when she married me" lffcqueniiv heard Mr.
Leslie Al other times speak III term or affection OF his
wife.
Mr. Fulerton-what differences existed between him
aud Lis TWO sons at the time OF his death
The surroedtcad you better gO INTO that AT present,
Mr. Fullerton wouldn't 1t be better 20 leave matters
that will more properly in by Of rebuttal until
a later stage OF the easel
Mr. Fullert0n-l am satisfied 10 do so.
Mr. Townsheud-I trust yoIr Honor viii oblicc MIN to
exhaust his witness now, not ek 10 bring him here
again on a pretcnce that he was not permitted TO
anime him now.
Mr. Fu lerton-I don't like the use OF that word
pretcncc" ] adopt the suggestion Of ihe Court. and
Will press this inquiry further a this stage OF the
Mr. Dickerson continued his testimony. The former
WILL referred to by Mr.. Leae, one that drawn
I'm my Office. and my clerk Mr. Bcaman. were the sub
scrhing witnesses. Mr Leslie came there and desired
me TO prepare the WILL giving all the directions. lIis
instructions were followed, aud the Will executed
In the formal way did not know where Mrs. Leslie
was when the will executed; she was not rhcrc.
On crosse Examination Mr.. Dickcrson testified When
received my Instructions for the drawing OF
Will the only persons present were Mr.. and Mrs. Leslie
and the witnesses.
Mr. Townshend-Dld you. when you drew the VIII.
anticipate contestf
Wtness-KnOwing the relations OF The persons sup
pose that idea was In my nina.
Mr. Townsend-Was that your for putting
seal on the nstrument-to make II strOngcri
wness-Oh no, I'm not such foot as that
O-Mr. Leslie always smoke 90 you OF Mis-. Leslie his
vile, didn't he A.-Undoubiedy, sir; after their
o.IWheu he gave the instructions for drawing the
will did Mr. Leslie not take particular pains TO speak Of
Mrs Leslie as his wife Ale spoke Of the tact Of his
having been divorced from former wif,. aud he took
especial pains that there was pOssbi ity or n
confusion as 10 the two wives.
O. Were You ever paid for drawing this WIFI A.
NO sir; ncyer have been paid do not expect and do
moi want be paid for any VIII drew FOR Mr.. Leslie
| acted entirely as a friend
| Odd you say anything 10 Mr.. Leslie his last
| illness about seeing his s0nsi A-Yys / asked nm
If he did moi want to see them as he might not live e
said no lie did not want 20 them. Mrs Leslie made
| the same attempt, and IL failed also.
| O-IIad Mr. Leslie been given up by his
| nITysicans when the will Was madci Ale
| was In imminent peril, but he did az
iII Mira Leslie tried TO divert his attention from the
subject but he said Whatever happens hi, at
In further testifying the witness said Mr. Leslie
made an assignment TO MT England IN 1877. The rst
litigation between the iaher ana hls sons was The suit
enjoin Harry Leslie from using his fathers nane
| IN business.
whom you call Harry" Lese is Frank Leslie. That
hi. name and he insists the right 10 be called 80.
| Mr.. Fuerton-That Is not So ! object t. the cOun-
sci nstructins the witness He calls Harry Leslie by
=" Mr.. Diekerson-oh, I know what mis- name is I've
| The snrrogatc~You may Mr. Townshend have In
serted upon the minutes that the person called by the
witness Harry Leslie is the person whom you call
| Mr. Dlckerson testified further that he never saw
Alfred Leslie IN the presence II his father a No 5ll
FIffh-aye AT any time after the will drawn lie
| did. however. him over his fathers dead body.
George ii. Evans. clerk ~ Mr.; Dlckereons office,
! testified that he was called into Mr.. Lese's
| subscribe to the will Mr.. and Mrs. Leslie and Mr..
DickersOn were the only other persons present. The
testified to the attestation OF the VIII IN the Ord
This concluded the testimony for the proponent Mr.
Townshend said that they not prepared to begin
the testimony for the contestants aud would not be for
q week. Mr. Fullerton said that he hoped the Court
would insist on speedy hearings the estate with
out anyone 10 protect H. aud u was necessary that II
shond be cared for soon as possible The Surrogate
would discover before they had far that there
no contest worthy Of that name Mr.. Townshend said
that was air statement. and the contest Itself must
develop ts strength or weakness the surrogate said
that he thought the character OF the demanded that
should set aside other business on his crowded
calendar for TINS In order that might be deter
mined soon whether there the basis for contest
| The next hearing set down for Wednesday, Feb.