New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-26
THE SIMMONS WILL CONTEST
A CAvEAT FILED BY THE DISSATISFIED
DAUGHTERS
THEY RETAIN J. FRANKLIN FORT AND WILL.
MAKE THE FIGHT on THE GROUND THAT
THE OLD MAN WAS UNDuLY INFLU-
ENCED BY MRS. HADLEY-MR.
NELSON'S STATEMENT.


Passaic June % (SpeciaD.-Mrs Ncttie Simmons.
OF Passac, and Mrs. Howe. Of Newark, both daugh-
OF the late Judge Simmons. OF this place have
engaged ex-Judge j. Franklin Fort. Of Newark to
represent them in he OF their fathers Will.
They vii make the fight the ground that their
father was unduly Influenced during his Illness by
Mrs. Hadley. their sister. The caveat filed with
Surrogate King. of Paterson. to-day. which means
that formal notice of intention TO contest the Will
has been given.
W liam Nelson. Of Paterson. OF the executors.
said to-day that the will drawn M in his office
a year ago. when Judge Simmons was physically
and mentally sound on last Tuesday. the day OF
the funeral. MI Nelson said. he offered 10 read the
will TO the four daughters. but Mrs. Howe was no;
present and Miss Nttie said that the reading could
be postponed 10 some day this week. Mrs. ellen
agreed TO this
"An statements" added NJ. Nelson. about the
d trbuton OF the property In the will are incorrect
but counsel for estate. and as one of the eX-
ecutors, am not at liberty TO say anything until
read the vii the aughters. did say to MISS
Nettie that in my judgment her father had left her
very large share of the estate, but If she thinks
differently. cannot help It,.
TWO WILLS DRAWN
Mr. Ne,son added: Il have drawn two wills for
Judge Simmons in the last three or -FOUR years
cannot recall the particulars in which they differed
Both were drawn in my office in Paterson after re-
peated conferences with the Judge in my Office. at
his house in Passaic and elsewhere. 50 'ar as my
memory serves me- both instruments were alike IN
attempting TO tie UP the estate for years am
quite sure the last Will makes better provision for
his unmarried daughter. Miss Nettie than the Tor
mer will did Indeed told her the other Day
thought she Jared better than any OF her sisters
under this Will. although all are dealt with very
much alike Yes the Judge had his pecuarties
like other men l might add that his last will was
given by him 10 his daughter. Mrs. j r Han'cy.
10 place in her safe. which she kept IN her OWE
house In Passa!c The Judge said he wanted 10
have It where he could il whenever he wished
Mrs Hadley Is the wife Of Or. Hadiey an a'lo-
pa,hic physician. for some years surgeon on me
Paris and New-York: afterward on the Pacific Mail
steamship Line: he is surgeon in an extensive
mining camp in Peru
THE CHAIN AROUND THE SAFE
When he went thither last winter. Mrs Hadley
broke UP housekeeping and took her SAFE 10 her
fathers house. and II Was placed IN MS u"'"s
room When he became seriously ILL., IN March Iasl
a bed was made up for him in the dining room ana
this safe stood between the head Of his bed and
the window.
You want 10 know about the chain AMI paddock
around the safe? never had any occasion 10 eN-
anime .ne safe and know nothing about the chain
except what have been told did not know OF
any ones trying TO get into the safe for any puf-
pose Miss Simmons. however. has Informed me
that her sister. Mrs. Hadey one DAY made as
though she wanted open the safe. but she. Mss
simmons,
paddock around II. prevent any one opening It n
her absence Why? Oh that / cannot pretend 10
explain.
Mrs Hadley. have heard. says that she did
one day intend 10 open the safe-which was her
property-to take out gift for one OF her SIS
ters and then IL Was that Miss Simmons stopped
her and declared that neither The nor any one else
should open the safe while her father lived never
the chain and paddock myself as there was
tablecloth over the top OF the safe.
READING THE WILL
About an hour after the funeral 81 Judge Sim
mons on June 10. the house with Mr.
C. r. Wise one OF the executors named with my
self in the will. and. having obtained the comoina-
ton from Mrs. Hadley. l opened the safe In the
presence of all the daughters. except Mrs. Howe
Mr.. Wise also present. and friend of MISS
Simmons In their presence took out the VIII ana
showed II TO them all II was written with type
writer on six or e.rh; sheets OF legal cap paper,
and at my request and by my advice the Judge
had signed his each sheet. ard mentioned
1 the tac f he aesHf STedeS, ~ OF e Frs
National Bank OF Paterson. where the Judge had
aiways kept MS account, ans py g s'G I,s,,,ton
mons however said that as they ali had just gone
through a severe rnentai strain she thought would
be better 10 postpone the reading until this week
Howe. ana she hal expressed the wish The
other daughters present concurred In this arrange
and arrange for the reading. suggested. however
that II would save time and trouble al around u
caused copies OF the Will TO be made and furnished
10 each OF the heirs. especially as the instrument
was very voluminous. and It would be impossible
any to carry ali IT'S provisions in mind from
hearing it read. Miss simmons however. cour-
teously. but firmly insisted that the ~il ought -
be read 10 al the family. on Tuesday Of this week
l called again at the house. ana found Miss sim
PANIED me: was then ready 70 read the vii II
she wished 10 hear II read. and 50 Informed her;
reading p5stponed. on various grounds and /, was
agreed 10 have it deferred until next Monday.
THE JUDGE EXPECTED A QUARREL
What have 10 say about the charge that undue
influence was used to persuade the Judge to make
his vii! as IT Is? AS 10 that. have nothing 20 say;
It would be manfestly improper for me 10 say any
thing; indeed. ! not aware that any such
charge has been made. and certainly I, does not
affect l suppose Il has been the very general
n rassaS 5ha' me yqaFo
Tie expected that himself FOR on his deathbed he
his estate Almost the last time he spoke to me
he wondering whether the contest would be
me cause OF the family dinerences7 on. there
you s1es s a A the cSanse Of the the aas
family, and always dd all ! could to promote hir,
a m%ay 'f'T have had he conndence Of them ALL
Certainly. have never taken any part IN any
aware Of any differences
MYSTERIOUS DEATHBED VISITS.
;IIave heard that effort was made to get the
Judge TO execute another will while ne his
deathbed, and after his mind had become impaired
by his disease? And have heard Of mysterious
visits made to the house at O'Clock IN the morning
and at 10 O'Clock at night while the Judge was dy
ing? Well. really have heard so much ridiculous
and utterly baseless gossip about the Judges affairs
that 1t would be Impossible 70 recolecl tenth of II
all. 1t worth recalling ! must say mat
under the impression certainly at frst that
the Judges illness had brought about reconcha-
ton among all the children, and between him and
them as well. At his particular request HIS Wild
owed daughter Mrs. w H. Gillen, left her home in
New-York early last April 10 come 10 his bedside
and assist her sister Nettie to nurse their father
and she and Nette thereafter shared their vigil5
and unccasng N their attentions TO the in.
valid. Mrs. Howe came up from Newark as often
az her health would permit. and Mrs Hadley
sifn % he "a be