The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-03
UNQUIET HARLEM MILLIONS.
CINDERELLA SEEKS TO UPSET ZEN
RICHlRDSON,S UIII

eiansa Wsivers, nua that - Cooler wss
suppres-sd-Ths Miu ouairr's uouse-
keeper Has Already Disturbed the Estate.
A motion was made before Surrogate Ar
mold yesterday to act aside the probate OF the
will Of Ben ismin Richardson who used to ride
in pnrsdes in this city in the Washington
coach. which he ownedL so that his grand
daughter. Viola J. Birdsall. now the wife OF
Michael Enram. q Persian doing business
here. may come In and contest the probate.
Richardson was Forty miner. who had resided
many years In this city. gaining notoriety by
his eccentrtcities. He operated in real estate
chiefly. but used to buy relics OF all sorts, aud
even dealt in Junk. LAWYER NJ. Cieiland Mil
ncr. who represented devisees Of thirteen-fT'-
tsenths Of the estate. said YESTERDAY that the
estate. which Includes realty in this city. Utah.
and Missouri and Important patent rights.
foots I'D about slOOOO 900
In asking to have the probate set aside ex-
Surrogate Ransom said yesterday in behalf Of
Mrs, Karam that his client had been induced
TO waive citations and consent to the probate OF
the Will when she was but 10 years old. and as
no guardian had been appointed for her. all
the probate proceedings had been vittatsj. lie
said sho had signed what pApers were used
concerning her in the probate proceeding
without reading them. and she did not become
aware Of the fraud that had been practised
upon her until Jan. 81 last She had signed
the waiver and consent to probate on Feb ~.
1882. ana the will had been admitted March
2. 1880 Mr.. Ransom gave nm lntlm alton OF the
line Of the proposed will contest nv saying:
we shall present evidence at the proper
time TO show that . codlcil has been sup
pressed. and that the paper filed does not
therefore contain the will OF Mr.. Richardson.
This codicil which IL suppressed contained
provisions which change clauses OF the will
and name other executors"
Shortly after the death OF Richardson. on
Feb. 30 1880. the heirs and devlsees were
called together at his residence. Ola East
1l6th street where several members Of the
family including Viola. were living. and the
will was read to them by Horace G.. Wood. who
had been counsel for Richardson. All were OF
age except Viola, whom Mr.. Hanson calls
the Cinderella OF the family" Viola denies
the allegations Of the executors that she was
one OF those who thereupon agreed to let the
Will be admitted to probate In short order by
waiver OF citations. The executors named in
the will were William 4. Washburn and Emma
Richardson. wife Of Joseph Richardson. q
brother Mr.. Ransom says that the probate
proceedings were engineered by Mr.. WASH
burn. but that William 7. Richardson. .
cousin Of Viola. had got the waivers from the
heirs.
IL. III. hcurdtH. IN OeuaU OF inc executors,
said that no codicil had been suppressed and
that Viola could not at this late day come In
and ssk to unsettle this large estate. She had
barred herself by accepting part Of her share
Of the estate. which she would have to return
to tho executors before she could demand the
spsn,ns OF probate, che had also Joined in
Tore and since she became OF age. and had OK
scnted other pepers in conjunction with other
heirs. which also estop her from this proceeds
Ing. Ono OF these transactions was n payment
to Louisa A. Burriil. who claimed TO be the
Ella 7. tiouyerneur. sister OF Viola. makes
Tnidayit that Viola knew very well what she
Sse vo. a: icing PSper wom snS
at the time and intelligent. Their cousin
Tna had ssos os the read
with Louisa 4. Bnrrlll who WAS then the
after set up q claim to be his vile acting as q
witness OF the document. Mrs. Gouverneur
promi.s Of e large litsston with TOBIAS ss NsW
The litigation was settled to the advantage OF
the estate by the payment Of $50 125 to Mr..
Mr.. HANSON said that the only question was
WHISTLER AiolH was Of age when she signed the
eslpt ~ part OF the estate there would be
rem edy against her 10 other proceedings.
d.vts gives s25 S to Mrs Gou %er s"G and and
she also shares with the other descendants In
divide the residue among the descendants II
is said that Viola's share OF the estate IL now
suppressed codicil are withheld. but in any
event. the share Of Viola would bs augmented
In the event OF a favorable decision by all APP
portionment OF the special requests among
the heirs.
There IL no reference to q living wife In
Richardson's will. which was executed a year
before his death. lie provides that $40. 600
shall DO set apart by his executors TO build q
self and his wife then buried there His house,
keeper. who now calls herself Mrs. Louisa A.
richardson. he provides for by n gift OF So 600,
saying. in consideration OF her valuable ser:
the counsel said yesterday that the reopening
OF the probate might result In revivInR tho
claims OF Louisa A. Burrill against the estate.
She WAS paid about sIO,OOo by assessment
among tho heirs TO waive all claim against the
estate as the widow OF Richardson. She then
began number OF actions one against Judge
DuCro OF the Superior Court. to obtain he,
Ardson had conveyed In his real estate transac-
lions in his lifetime and In conveying which
no one had Joined with richardson as his wife
holders Of property OF Richardson on the east
aide In Harlem. As her claim. II she Is his COM
mon law WIFE, would be cloud on any proper
~ that had gone through his hands as owner.
1t IL my wish that my children and my
shall. as far as possible carry
out my wishes relative to the establishment
of q founding asylum and the giving OF GER
in the hands and possession Of my counsel. ii.
q. Wood"
Lawyer. Miner said Yesterday that lawyer
WoSt had died about y year ago and that
vision yet He said that he believed that the
heirs would nee some time that the founding
asylum was established.
Surrogate Arnold reserved decision on the