The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-10-23
DISPUTES SpINOLA'S WILL.
HIS sISTER SAYS HIS WIFE UNDULY
INFLUENCED HIM.

Fei,r rrcCio.Lcv Assists the petitioner with
storica About tho Dead wifc's Control over
the ConEressmAn-Fower, Fi'ch. =. W
white. ana Felix Campbell Mako Amdavits.
Mrs. Annie Douglas, n music teecher resiu-
ing In Saratoga, asked Surrogate Fitzgerald
| yesterday to open tho probate OF the VIII OF her
brother, Con. Francis u. Spinola, she was not
provided for in the will, although she says her
brother often told her that he intended TO make
provision for her.
BY false representation andtrickery ,shcstates.
she was induced to permit the Will 10 go 10 pro
bate, although she had good grounds for con-
testing it. She says that for ten years before
his death her brother was debilitated and
weakened mentally as well as physically, so
that ho was incompetent TO execute n will. He
had resided for years while In this city at tho
cstmins Hotel and in Washington at tho
Arlington. He died at tho Arlington on April
u, 1891. His will, made June 10, 1887, gave
his widow a life interest in his property, with
remainder over TO his nephew, Ferdinand Nc
Keigo. His widow died about q year ago.
Mrs. Douglas declares that she was never
served with AGITATION for tho probate and that II
there is n consent bearing her name to the pro-
bate 1t was secured from her by fraud and
trickcry. Nothing has been done, she says,
toward a settlement OF the estate. For years,
she says, her brother used to send her $50 n
month regularly and various other sums as
she required. but he always told her to say moth
ing about this money, as his wife would raise
a fuss II she knew 1t. When Gen. Spinola mar.
ricd, the petitioner AYERS, his wife said she was
monarch of all she surveyed" and directed tho
members of his family TO keep at a distance.
Mrs. Douglas AYERS that $4,000 in STANDARD
Gas Company stock was promised TO her II she
kept, quiet after the death of her brother, but
she has not got the stock.
A number Of letters OF Gen. spinola are af-
fixed to the application. In one he says. I'm
doing my duty to my family and in another
he states, II can't think and plan as 1 used to;
and l sometimes think l am not F. Il. Spinola.",
In support OF her application an affidavit of
Felix McCloskcy was presented. He had been
associated AS !, with ,ia Cen len S SPt that f9 Ts se nad hoS Ssar RS
settle the claims of Mrs. Douglas without a
public scandal. He says that he often gave
told him to say nothing. about 1t, MS Mrs. Spi-
nola.would raise Cain If she: knew II; The Gen.
was aimost'afraid TO speak TO any.other w9m-
an. She turned him out Of the house once, but
became reconciled to him Just after It became
known that he had u largo holding OF standard
Gas stock. She met him on the street and in
duced him to return to her house in Great Neck,
$4,000 from Gen. Spinola which he had about
him at the time. When Gen. Spinola died he
in connection with some LEGISLATION" says Nc.
Re made his viii in the interest .tS est 9t peace saS , but
tIu W hlhhO " u ~ VA nb0o oS hNeN
would provide for his relatives.
Thomas A. Coaklcy, for, fifteen years door
affidavit that Gen. Spinola was under the con.
troll OF his wife. She was a large, strong wom-
On with a firm will, and she treated Gen. Spi.
nola, he says, like q child.
In opposition Mr.. McKeige averred that
Mrs. Douglas voluntarily consented to the pro.
bate of the will, as she knew she had no ground
of contest. After the Generals death the wild.
ow had voluntarily allowed the petitioner $50
a month, which was continued until Septem,
Der, 1896. The Generals estate was $5,s5s
in personally and 81, 900 in real estate. while
his debts We're 10000 Mckeige declared
and affectionately together, and that the Gen
eral was u man Of strong will, who could not
be Influenced as stated by the petitioner.
Mrs. Spinola had urged her husband to make
provision for his sister in his will, the affidavit
states, but no refused to do so.
Roswell =. Flower, Ashbel p. Fitch, John
Henry Mccarthy, Stephen v. White, and Felix
Campbell. all of whom were in Congress with
Gen. Spinola, aver that he was mentally alert
and showed no signs of mental weakness.