New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-17

NV SAav';S2TN
MIR ANo MRS ROBERT L. CUTTING
De Wolf Cutting equally. Codcils were executed
after the marriage which entirely dsinherited him.
This was not entirely unexpected. The will has
not yet been offered for probate. but II claimed
that this was due to the fac. that the widow
in Europe. and it thought improper to i.e it
before hearing from her A copy of IT, however
came light before Surrogate Arnold yesterday. In
the proceeding by the surviving Robert, a
Gently qualified executor of the estate Of his grand
Their Robert L.. the first. to compel his uncle.
Waiter Cutting who had been co-executor with his
father. TO file account Of the original Roberts
estate Ex-Surrogate Ransom Instituted this pro-
ceedng on behalf Of young Cutting. who was in
court in mourning Under the original Roberts
will a large estate left In trust for the benefit
of the two sons. Robert the second and Walter
They were named executors. and had power 10
dispose OF the principals OF their respective funds
by Will. 1t was provided also that Robert L.. third
should at maturity. in the event of his fathers
death. become executor
John NJ. Bowers. counsel for Robert Cutting. I'M
dertook show that the present petitioner. Robert
/. Cutting. had no interest in the estate except
executor. although he had waited four years
(being twenty-five years old) TO qualify for
that position. and no interest which entitled him to
accounting from Walter Cutting.
Mr.. Bowers then said that he had in court
p - u .ru VIII anu '0", ,na ,hs nrasent
Robert had also received a copy. The original
after large annuity to the widow provided , for
an equal division Of the residue between the TWO
| sons Robert l.. and James De Wolf cutting.
THE CoDICIl. READ
Iii, ...,.o, NJ, r,ou.ars
| executed November H. 1892 which in plain language
states the for changing the Will, and giving
all of Roberts share OF the testator's personal
estate to his brother James. de SAYS MY son
MAR age WAS o him ' and nv domination
| OF nm as executor. ,o, ,h ,.r.,ces N the
will. and Mir Bowers again urged that young
| SSulllng nau no sun '''eieS' do e' w
! Surrogate Arnold minated that he did not think
IL woud De neoesss T nj rot been offered
| rs IL not a little unfair to Walter Cutting" he
asked. TO ask MIN to account at ms ui'e "he"
This stirred up ex-Surrogate Ransom, Young
R9orrts iawyfr ana ne not Sse uSfgr 10 this Young
man. who has absolute right as executor ana
BTe s a8 to- Be an sbme ana the surrcsa
finds as S papsr' 5G5 an he %
wait until the will is presented for probate
THE WILL. TO BE CONTESTED
| Now that the exact terms Of the late Robert l..
Cuttings will have become public property Robert
| l.. Cutting. Minnie Seligman-Cuttne' ana 'he'
| -cttr
counsel eH-9ur'osd'e l.aS.us .,o,'a as,,ec,s ~
willing TO speak ireey on "'e '"''o'' "''
Mr. Ransom confined to his room last night sb
WIN an attack o saasad hv he fire in his bedroom
when Tribune reporter saw S",,,d d ron,"st the viii
Whe,her hpoer ~ reped At once YES to the last
shre I nase ~ his viii now In my view the
%hQle ns ser Is, such as could never have been
written by any ina, ~ e,enceS mind First now
sens lea ann me- refer to another branch OF the whole
Gun do hold that man Of sound mind has clear
s Srh, 10 - dispose Of his own property he him
shall deem A. If he eho fr@ to 3b eos malas, fn o
lives he should have absolute liberty .d TO 90 80
anl hold that a" sue" "'''' '"0''1
DENYING THE RIGHT TO DIsINHERIT.
D'' ,,..u,, ., ,ro,
"But in this case we nave u'Sposuo" VI p'oP
erty when We sma" a'. ,ron, h,, FAMILY and we
the power 10 VIII amas ., shoy ,ba, a, the time
nav ero made his mental and physical CON
dition was such as 10 rrmdsp INN INN napI,priv sis
Ieas9hihs th nalign influence which believe
has been exerted in his case II is known to me
who excltsd ma dont Want to try this case In the
newspapers. Now. the terms OF inc oTigina' Ds
quest made In lss. by ,ne ,nd descendi To- his sons
provided that spr9per,y sno SideJ by them among
Robert J.. ana Wafer, 10 Marx The last phrase
No provision for disinhertance OF agnCuy
either kS9ep L. Hr property e is left to hen to
divided as they think 1T among me ,' descend,
James De Wolfe cutting being in existence at that
time That Robert J.. cutting the sncoi,ui aa 1
this & 1f b ms him in sss and by which
the property is equally DIVIDED Dftwh me r,p
,bs second had no legal right dslnherit his son
which need not here particular%t, nau pen ,or
some I'M, No one who knew him then could say
that he was capable Of reasoning s0uhdly on any
subject Wnat IS t9 1oarn has heen orabln