New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-11-12
rPEDERICK G. DALE'S WILL.
ALLEGED CONSPIRACY TO DESTROY IT.
cuApGE THAT Rs SISTER TRIED TO BURN IT
= IN IuEN TORI II IN PIECLs.

ruA
AID THEN TORE 1T IN PIECES.
A., onDI;cation for the revocation Of The
- c~ranted last Nay denying probate to document
,ort,pg TO he the Will or Frederick H. Dle WIN
80 surrogate Rollins yesterday Mr.. Da!e VINO was
,, son of the late John q. Dale agent oil the lhian
s,,sbip Line, died on April 10. lie was tWeh'y-esAt
ace and was a hunchback, having been crippled
-; ~, accident In infancy. After his death, when
" in the resence of ms steTmOthcr and sister at
.idence in Creamery Park will torn In strips
M uroducel and 1t was claimed that 1t was Ms ID"
No. duly executed and should be admitted 10 proDd'e'
&c. the Surrogate had refused TO admit 1t ana had
a,,ointed Mary d. Dale, the ss-er Of the GecedeAt,
o,n,stratrlx The pending application was entertainer
Inv consent Of all interested By the WILL after giving
- 500 10 his sister, with Teversion to his
HERMAN Foster Dale, and making small Deques'S u
ALEXANDER dc BOttari, bis half brother Eugene p"c ~
rdward E4sser of the witnesses OF the uoc"'cN'
tho balk of Nh Daes property. valued at 9ooOVo, was
Ieft absolutely to Olga de Bot ari the sister OF Ao@
ander ,,e.,+,o
James Thompson appeared yesterday III Do'''i % 'lo
relatives Of MI Dale TO oppose the rcVoca'ou Vi ''
Decree John r. Dos rassos represented MISS "'
Rottari and Eiphalet y. Annaoe was present as
ot.opev for the executor George H. Jaueway saInueI
y Weir one of tho witnesses TO the WILL examiner hy
Mr. nos Passos testified that Mr. Dale asked him 10 sign
a uoper and he signed it, not knowing that II was VIII
Soon after Mr. Dac's death MI Fe'ser toIu MN In~l
Mr. Dale had made will, which was a auiy ala'r' anu
ne did not wish TO tell anything about It, ana that ne
Nreir, had ,l.ned it as witness. He inferred rom
what Fesser said that the family we're dissatisfied WIN
tina will When Mr. Dale first brought the paper to MN
70 sign II was folded MP. Mr. Dale Slu: Hon t you
witness my signature = Tue witness SSNct VIVA, ,
n.i err was and Mr. Dale replied: None Oh your
bbIs,ness" pretended 10 be angry and turned away:
Th.n the witness called him back ana nc Slshgu lV
witness testified that the Will was ID Ile hanu"Iih Vi
f Nm TSomPson asked that the application be dis
missed discussion ensued IN tne course vi ucn to
frog te said to MI Dos PassoS that II was question
Whether was possible for nn to establish MS case ~
an, roof snort o the testimony OF some one VINO hdd
heard tne tesator make statement Mr. Dos IassoS
said that the point Mts We' o nf SHOWING that Ihe
d! lesunoS 'o VII had testified falsely Could not
mis- he treated as where the witnesses We're dead
il1der the circumstances This was norel question.
sarosIe i l,ni Min aeanst the testimony Of the
subscribing witnesses and in the absence Oi an dJe'd-
M Dos Passos asked that precedent be established
in this case lie would show that there was a
conspiracy by which TINS family having ueeu wa" ms
v was IN existence. devised plan TO get hod OF the
subscribing and have them conveniently otSe
to winch she was entitled lie would prove that while
lighted candle and placed 1t III one 81 ms n"i an ,e
Will tn tie other AMI tried 10 have hlm while I'M
non OF a witness tie win was saved. lie would show
that the subscribing witnesses had sad tLa lue4 he"
docmneut was q Will when they signed II. ana that Mt
n"s tpu s "S lad had asked Mr. Dale ON the day Of
his death whether he wanted 10 change the WA an" nc
Iad answered ia the negative; also that Mr.. Dale on
,1 live M holre except during his last illness and that
he almost cursed his mother and sister ON his death bed
and his Thoughts and anXites were 10 prevent tneiI
getting his property. one Gf me Witness ma h
practically testified mat he had been brned Dectu,e ne
lad prom ~ed that be should nave Tue amount e4'
lin IN the VIII II it was broken. -,.
The Surrogate told Nj Dos Passos TO examine Wit
ncsses t.cso points, reservinG ms decision as 10
whether their testimony should DO subsequently
Dr. Beverly johnson who attended tie tesator in his
last Illness testified that he saw MI DaIe on 'He morning
odd yoa ask Nj Dale whether he desired TO
cu1.t0 ms w, ,r,s l,iac-.t Il, and the Surro lie
reserved his decision upon it, propriey. "
FRANK G.. Faxon testified that on tha DAY o! HI. Dd't
death he went ty la, direction, 10 safe deposit COM
many, OBTAINED The viii and took a. 10 the room where
Air Dale was dying. His nurse steImOther and sister
Q. What took place in that room
about 10 show that after 1r. D4les sister hdi pu tc
candle IN OF his hands and the VIII Ia the other lhe
destruction Of the viii by Unconscious man. Then
Will IN strip, ahd t.e Wlncs7 TOOK il
away from her TINS was the beginning oi con-
si'Sr b.op a.Eed That all this rubo.h be stricken
ont as -clulaOus and improper The surrogate SAM ne
thought should be admitted, but lie would reserve Ills
Tic witness identified til, following note, which he
said had been left at his house ny me sNpmo'uoi Oh
MI Dale on the evening OF his death;
VIII Nj. FaxOn kindly draw line stating ma certain
document MS DESTROY ed by MEfrdeilk Gl9' in ~. en-
Monday afternoon Apr T. at 0oocs ana srea' 9Ois'
MAY b,iG.
TO this tie witness had answered that he mad lu the
matter i'm the hands OF the executors and would act m
PARTIALLY The witness was cross examined al great
AieT15deT dc Botsri employed by TIE Remington
Arm, tompauy testified that he went Co Europe last
ss s snG for f@eS yaaT on % recsc goc MS
death while in st. Peters and subsequently heard or
lone ne n@,, i'm % Mr. rrs..T tod him. thai
Nh i ne sine as Wines he knew II wa. "a will Mr.
Dale al one when the witness going 10 Mexico.
I, repi.cd that he would il Mr. Dale 8Old do the
for him lie did not know until after Ar Daie- death
Tie hearing was aojournei until November ~