New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-05
NEU-JERSEY.
NEWARK.
A PECULIAR WILL CONTEST.

A PECULIAR WILL CONTEST
A will case Of peculiar interest will come up De-
fore the New-York courts this week on an dppi'-
cation for anclary letters Of eXecutoEshlp' oy
counsel for Clinton L. Thuroer now HVlHs II.
Newark The estate Is that of Francs - FOX oi
Fast Orange who died from pneumonia December /,
1902 He was the second Of James Fox. oil
-. vi, who died last May The father left
wife and three sons, and in his lifetime set'4ed
q fortune on each Of his sons. One OF them IS
now q stock breeder near Eew-Have2, ana aho'''e'
n wen-known society man. FRANCES 500" IAN
through $4,000 and got second settlement rum
his father for the same amount which was Se"'se
sousndered. Then his father executed ueeu ..
trust in his favor for $4,000 with the Farmers
Loan and Trust Company Of New-York The deeo
was dated January T. 1884, and was to run Ten
wears when Francis was TO come mo possession.
of the principal In addition TO the interest from
the money, Francis received regular Teihl'Id"ce'
from his father. He had married at Bay shore
/. l. but soon after this deed was executed ne
cot divorce from his wife, and about eight years
ago married another woman at Bay Shore'
He left his second wife four years af;erward out
no legal separation was had The VIE Te'a;,'et ule
two children, Richard ana bea''!C-. az - ea
now living in Brooklyn with a sister OF the wiie;;
Fox came TO Newark EIGHT m9n;hs ago; ah1 ""nted i
10 buy out start hote. lie sa" Jaw il''s,, ~
arranged for d power OF attorney u make Sette-
nient for any purchase he should max WIN ,Sqf
s25cO0 which he would receive on J@ir-I! 49, ~ iooi,
Part Of the Commonwealth building IN LAST Ordh-t
was bought and fitted up as a EOt~L Inc business
was successful but Fox caught severe Goa. Wi.lch
caused his death. There was no one 10 look after
his estate except his Newark lawyers, ana they
looked up his widow In Brooklyn and were about
10 apply for letters OF administration. when they
learned at Babylon that Fox had made a VIII. and
given Il into the custody of Clinton 3. ThurDer
who was at one time a merchant there. Thurber
had become bankrupt and left Babylon the law
yers traced him 70 Buffalo. and then back 10
New-York, and finally 10 Newark, where ne had
settled, In ignorance that Fox was living almost in
the same town
Thurber told the lawyers that the will had been
seized with other papers by his CIR iltors. and was
held by man named Hu!se Of Fay Shore. After
some trouble the VIII obtained. II was found
to contain bequest Of 5000 to Thurber and one
of so the widow. the balance Of the estate being
left in trust 70 Thurber for the benefit OF the two
children. On January - the will was offered for
probate at Newark. and Thurber was named az
executor. A demand made Oh the Farmers
Loan and Trust Company for the $1,000 payable
to Fox January 4, but payment was refused,
the company saying that the money would BE-
turned over only order from the court. which
would have 10 first agree to Thurber being
ecutor Thurber then through the Newark law
letters OF administration. The wife meanwhile en-
pioYed counsel to contest the application. she
claims that Thurber is no. fit man TO manage an
estate properly. She also alleges undue influence.
and that at the time the will was executed her
husband was mentally incapaci;ated by reason OF
previous excuses.