New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-18
MONEY wGLLED TO HIM

=
cIrAL HEIR FROM RECEIVING THE
MONEY wurED TO HIM
4 clause r. tho will Of Robert Irwin. who died
seven years ago directing that any Of the lesa-
tees OF devso.s contrasting its provisions should
forfeit their requests. has led 20 a move contest IN
the Surrogate's Court Should some OF his n!eces
and nephcws. who are his resduary legatees. sue
coed In proving that Irwin 4. Powell. the grandson
and sole heir and ucxi 81 Kin OF the testator. has
opposod Tho execution - his grandfather's Will.
,hay Will benefit ~ tho extent OF $4,000. while Mr.
Powell win be- cut IN without single dollar MI.
Powell 'hiuks DO should have the entire estate.
NJ Irwin who wRs successful builder and con-
tractor, i~rt nn estate valued "a; ss"."" He be
qu.atheI % his grandson 5000 when he should
come Il age Nloo' whom hr should attain the ass
. ,wc0tv-av. years. ard sletOn reaching the
rro of thirty. together with the ocrumulatlons 40
rrulnr on this trust fund fIo also left to young
Powell q further sum o. 'l50.'n 10 be paid 20 MN
when he had passed his thirtieth year. and haf
.he residuary estate which is valued NJ over SSo-
81 Tho other half Of tho rcs.duary estate he
l.f, 90 tho children " his dead brother, Samuel
Irwin YOUNG Powell until he attained his ma
iori,y Was 20 receive ~ income OF Hooo n year.
Ua ls a we'll known amateur cyclst, and has car
ricd on champion horors. re Is a member OF the
cycling team 81 ne New-York Athletic club. and
vas Il member u the columbia College cycling
team which won the intercollegiate championship
in 49, iss7 and 1875
Mr. Irwin hy me ninth clause Of his will. pro-
vlicd chat should any ~ hls doyisces or leGatees
contest HE will or any provision thereof then such
legatee or deylsee should Doe dcbarred from and
not entitled 20 receive any legacy or Request made
20 hin. or her. or for his or her benefit BY the
eighth clause ~ the will - was provided that
should Irwin 4 Powell die before reaching the age
of thirty hts cousins instead ~ taking half the
rcsduary estate. should take It all and the s25o"o
| 20 be- pald 20 Powell should be divided between
New-York charities and lnstltut!ol IS. Tie balance
OF the estate 70 which Powell would have been
entitled should he divided between the son-in-law.
nephcws and neces OF the testator and other rela-
/ tycs
irwin A Powell did not oppose probate o, the
will which was accordingly directed by Surrogate
! Fi,zgerad and letters Of administration were is
sued 10 the executors. Alexander Frazer and James
Boyd. who. eighteen mouths altsrward alcd a. an
| accounting Robert G.. Taylor. who mad heen ap-
/ pointed q special guardian for Powell during ms
niroritv opposed the confirmation OF the executors
r.,nr, And accounting however. on the ground
mar The viii was null and void as It's provisions
providing for the trust FUNDS and their distribution
! ~ nc yar.ous periods mentioned were not IN nc
| ~ordo,ce With the statutes Of the State Of New.
York regulating accommodations and trusts, ana
fonnd on a judicial construction Of the VIII to be
! the property Of Irwin \. Powell. a. sole heir-at-
! law and next of Kin. Surrogate Fitzgerald con
| arred tho report and made his decree. and Mt.
| Tavlor unsucccssfully appealed TO the Appellate
| Division. Surrogate Fitzgerald's ruling being up
Powell came Of age less than year ago and Mr.
| ravlor has applied 10 Surrogate FItzgerhld 20
J'rcct the EXECUTORS 20 pay over 20 the Young man
ITO lrei usfalwent of 5000 and the accrued inter
! est on The Two trust funds left 20 him william
! y wilder who Is counsel for Elizabeth Irwin la
| tpont and tho other nephews ana nleccs or the
| ioeiator opposes Mr.. Tayiors motion, however,
! ond holds ihai Powell by his opposition to ne *
ectiron If me main provision Of hs grandfather
| will mas placed himself within tho compass OF tho
forfeiture clause. ana Is therefore entitled 10 no
| share whatsoever IN bis grandfathers estate. lie
| should bc Mr.. wilder contends. as II he had died
| before coming Of agc and the estate should oe
! divided aa provided FOR under the clauses of the
yvii 10 which Powell objected In this case char
able institutions viii benefit 20 the extent OF &1D
| ,,3 while HE clients Instead OF receiving half. VIII
| alc all ne residuary "staie OF f-o"'' besides
yic ool spocincally bcquea to them In case OF
| The death Of their cousin.
| Mr. Wilder complained yesterday that his clients
| b.d moi bcru made parties 10 this motion, and
asked that the Surrogate direct them TO- be served
| y.ifb "a Fundamentally citation. that they could
| Ls hc1rd Surrogate Fitzgerald adjourned the
hearing OF tho motion 10 september q and ordered
| Tho complementary citation 10 issue