The sun., 1890-01-09
A COMPLICATED WILL CASE.
TEN YEARS SPENT TYING KNOTS IN
SAMUEL WOODS LAST TESTAMENT.


An Executor Charged with Fostering Dis.
| honest Litigation and PlunderinE tho
| Estnte-Only One Thing II CertaIn, There
| VIII be No Wood Musical Institute.
Surrogate Ransom listened yesterday to
testimony in a remarkable will case which has
| been before different courts in this county in
various forms for ten years. and involves the
credit of dozen men OF good standing.
Samuel Wood. residing at SO West Thirty
| ninth street died on March 20, 1873. Wood
was the survivor OF n family OF four brothers
! aud one sister. Under mutual agreement
tho property Of each had been willed to tho
survivors, and Samuel Wood had therefore re-
ceived all the property OF the family. But
nfter Abraham Wood had been dead some time
! another will turned up. under which distant
cousin claimed his property Samuel fought
! this claim, and the action wss still pending
when he died. The estate of his sister, Nellie
| Hewlett, had not been settled at the time Of
his death. Mr.. Woods will provided for n
number OF immediate legacies, amounting to
$4A 500 for monument to cost 100000, for the
Investment Of $4,000 In mortgages on real
| estate the income to be used in paying
! certain legacies and annuities; for the tenn
! porary investment Of s0S.O0O to pay certain
! life annuities; for the continuation Of the con-
| test OF the claim against tho estate OF Abraham
| Wood and for the erection OF the Samuel
| Wood Benevolent Institute and general
hospital. which latter was to be formed by the
| executors. A codicll changed this last heduest
! into provision for the founding OF tho Samuei
! Wood Musical Institute, which was TO te con-
| Quoted under tho supervision Of the city. The
residuary estate wRs set apart or this pur-
pose. 1t was this last provision which gave
the main opportunity for the ensuing ltiga-
tion and tho Supreme Court finally declared it
void. The estate was generally estimated to
be worth sl.OO0.000. 1t is now alleged that it
was really much less. 49,
L. Simonson, Martin Wood, William Elmer and
Abraham Hewlett The last named was the
son OF the testators sister, and did not qualify,
II was ulterward alleged in court that he had
been induced to take this course by Simonson.
Who exercised nnduS isSs SrFn TTef hi
signed. In October, 1885; letters testamentory
were issued to Edward L; SGhenck but they
maiued the sole executor. though the will
called for four executors.
The present action was begun several months
ago by Mary Is. Wood. distant relative OF the
testator. II demands the revocation OF the
letters testamentary issued sued to simonson and and
trustee. In her petition she alleges that simon
son has prevented the appointment OF other
executors, and that he has iostered litiga-
ton carried on in the names OF Abraham Hew-
lett. Raymond Simonson. Sylvester learsall
and others in an enort TO SGT aside the codcil
providing for the musical institution. which
he had sworn as eXecutorto uphold" lie is also
CHARGED with having paid ont without authori.
for Pearsall. the contestant OF the codicl;
he sum T. J2aH Armstrong; attorney for
AeTeham ore ,%an sSs tn tn Edna Sehennf
anu his son Edward, to assist him in
will. Ii is asserted that when the codicil was
proposed for probate 1t was objected TO by Ed
ward T. sehenck, and temporary n ar admdnistra "a
estate from passing out OF his custody simon
son paid Schenck large sum. Schenck with;
drew his objection. the eodicil was proved and
Simonson qualified as executor. Then. tho
petitioner says, Simonson and Sehenck united
to have the probate Of the codicil vacated, and
paid counsel from the funds OF the estate 10
begin. d tedious contest over the testator's
The burden Of sustaining the will was put on
Elmer. and the other executors including
Simonson, united TO defeat the codicil. Never
1t was appealed. and the SurroEate's decision
was affirmed. Elmer was removed rs n trustee
but the action was vacated by conspiracy be-
tween Schcnck and Simonson so that no de-
cree was entered enter and Liner was lett to act as
the codicil in Special Term Of the supreme
Court in Queens county on exactly the same
cided upon. 1t is charged that the allegations
on both sides were drawn in Schenck's office.
and an agreement was entered into by the ap-
parently opposing sides. which was signed by
the Judge who had no knowledge OF the pre-
vious attempts In the same direction.
Several OF the allegations intimate that Judge
Fullerton the late Abram Wakeman, Judge
Armstrong, and others of like standing acted
in the interests OF Simonson while pretending
to represent different heirs. 1t is charged that
Simonson illegally paid out and appropriated
to his own use substantially all tho property.
amounting to S442. 1881 that he allowed notes
OF his relatives held by the estate to be barred
by the statutes Of limitations and that
he induced many Of the annuitants to
accept small lump h. sums rddn In place ,,f 0f
OF these Catharine Pearsall, who is so years
old. was induced to iaKo 5000 in lieu OF tue
income OF $1,000. In his argument, Mr., b; Z.
Valentine counsel for Mrs. Wood stated that |
Slmonson paid out $93.5G2.lS In discounted |
annuites. 5000 for amonument $ll5,463 for |
tho legal expenses Of trustees. $l37 500 for |
their salaries. S62395 for general eXpenses, |
and f3l,l76.65 for their expenses as trustees. |
There had been no pretense OF executing the |
charitable devise, and no funds set apart for |
duary property eoen turned over to the heir |
In regard to the allegation that Simonson
know that the charitable bequest was legally |
void before he became executor surrogate |
Hanson said: When examined this will it
what seemed TO be a strange coincidence be-
tween the provisions OF this will and q certain
decision in the Court OF Appeals holding a
trust Of this character void. could not help
that the will had been drawn for
the purpose OF making the trust void"
The answer was n general denial and the al
legation that the petitioner stood practically
alone In her opposition, while the representa-
tives Of the heir at-law were satisfied, Simon
son was examined yesterday by Valentine,
no new evidence was obtained. The case was
adjourned until Monday.
nmce.a ocf fha NyorLI Ing GIi,Ia,